The Supreme Court invalidates an order blocking an anti-LGBTQ measure.
A request for an injunction to prevent the Speaker of Parliament from allowing a law that criminalizes LGBTQ people to advance in Parliament was denied by the Supreme Court.
A nine-member panel of the Supreme Court, chaired by Justice Gertrude Torkornoo, the Chief Justice, decided unanimously on Wednesday that the petitioner had failed to persuade the court to grant the order.
Justice Torkornoo stated in his reading of the court’s ruling that the court was not persuaded to impose an injunction on a piece of unfinished legislation by Parliament, particularly given that the substantive lawsuit opposing the bill would address the applicant’s concerns.
Withdrawn application for contempt
The attorneys representing the applicant, Dr. Amanda Odoi, withdrew a request for contempt against the Speaker as a result of the court rejecting the plea for an injunction.
Due to his decision to permit Parliament to continue to hear the bill notwithstanding the injunction application, Speaker of the House Alban Bagbin was cited by Dr. Odoi for contempt of court.
The apex court dismissed the contempt application as withdrawn upon its withdrawal.
Case
The Human Sexual Rights and Ghanaian Family Values Bill, which seeks to criminalize the practice of LGBTQ in the nation and any action encouraging it, is being contested by Dr. Odoi, a researcher in academia, as being unconstitutional.
According to her, the Speaker of Parliament violated Article 108 of the 1992 Constitution by failing to express an opinion on whether the bill’s implementation would have a financial impact on the nation by charging the consolidated fund.
The petitioner is therefore asking the Supreme Court to rule that the Speaker of Parliament’s activity breaches Article 108 of the 1992 Constitution and to issue an injunction against the Speaker or his deputies from continuing to do so.
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