An application to prevent the Speaker of Parliament from considering the LGBTQ+ bill until the outcome of a substantive lawsuit opposing the bill at the Supreme Court is decided was rejected by a nine-member Supreme Court panel led by Chief Justice Gertrude Torkornoo.
The petitioner, Dr. Amanda Odoi, had filed a lawsuit to stop the LGBTQ+ bill’s consideration, but Parliament is still debating the measure while the lawsuit is pending.
Invoking Articles 108 of the Constitution, she subsequently filed an injunction against the Speaker, Rt. Hon. Alban Bagbin and a contempt application.
Article 108 of the Constitution states that no bill or motion shall be considered by Parliament if, in the opinion of the person presiding, the bill is to impose taxation, impose a charge on the consolidated fund, or other public funds unless it is introduced by the president.
However, the panel decided that there wasn’t enough evidence to support an injunction on Parliament’s activities after hearing the arguments.
“We have considered the merits of this case and are of the considered view that a prima facie case has not been made to convince us to injunct the work of parliament; neither have we been convinced to injunct an uncompleted work of parliament; the issues raised by this application for injunction are matters to be determined by the substantive matter. This application for injunction is dismissed,” the apex court ruled.
Following discussions and wide legislative support of the Proper Human Sexual Rights and Family Values Bill, some local and international agencies have expressed reservations against Ghana’s stance on LGBTQ+.
However, the lead sponsors of the Bill have expressed their resolve to see the bill through.