Supreme Court of Ghana Dismisses Injunction Application, Allowing LGBTQ Criminalization Bill to Proceed in Parliament
In a unanimous decision on Wednesday, July 19th, the Supreme Court of Ghana, led by Chief Justice Justice Gertrude Torkornoo, has resolved to reject an injunction application aimed at halting the progress of a bill criminalizing LGBTQ practices in Parliament.
The nine-member panel, after thorough deliberation, determined that the applicant failed to sufficiently persuade the court to grant the injunction. Justice Torkornoo, presiding over the proceedings, clarified that the court remained unconvinced of the need to halt an ongoing parliamentary process.
Notably, the court emphasized that given the substantive case challenging the bill, which is set to address the concerns raised by the applicant, an injunction was deemed unnecessary.
Following the court’s dismissal of the injunction application, lawyers representing the applicant, Dr. Amanda Odoi, decided to withdraw an additional application for contempt against the Speaker of Parliament, Alban Bagbin.
Dr. Odoi sought to have the Speaker cited for contempt, citing his decision to proceed with the parliamentary proceedings despite the injunction application.
Subsequently, with the contempt application withdrawn, the apex court formally dismissed the application in light of its withdrawal.
The core of the case centers on Dr. Odoi, an academic researcher, challenging the constitutionality of the Human Sexual Rights and Ghanaian Family Values Bill. This proposed legislation seeks to outlaw LGBTQ practices and any activities promoting them within the country’s borders.
Dr. Odoi’s argument hinges on the assertion that the Speaker of Parliament’s actions contravene Article 108 of the 1992 Constitution, as he neglected to offer an opinion on the potential financial consequences that may arise from the bill’s implementation, particularly in relation to the consolidated fund.
Consequently, the applicant seeks a declarative judgment from the Supreme Court, asserting that the Speaker’s conduct indeed violates Article 108 of the 1992 Constitution. Furthermore, Dr. Odoi seeks an order restraining the Speaker or his deputies from further transgressions against the aforementioned constitutional provision.
