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LGBTQ Bill: Supreme Court defers ruling

Supreme Court pause on Kpandai parliamentary rerun forces a high-stakes constitutional reckoning
The Supreme Court of Ghana.
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By Beatrice Oppon

The Supreme Court has deferred ruling on the two interlocutory injunctions seeking to restrain Parliament from forwarding the Proper Human Sexual Rights and Family Values Bill for Presidential assent or otherwise until the determination of the substantive suits.

The Court said it will consider both the interlocutory injunctions and the substantive matter together to enable it to deliver a more informed, comprehensive and just decision that accounts for all the relevant issues raised by the applicants, Dr Amanda Odoi and Richard Dela Sky.

The Court advised the parties to cooperate to file a Memorandum of issues on the substantive suit.

The Researcher and Private Legal Practitioner are challenging the passage of the Bill also referred to as anti-gay bill by Parliament citing Constitutional violations. They argue that the Bill contravenes the Human Rights provisions in the Constitution.

They also contend that its introduction to Parliament as a private members Bill will have an impact on the Consolidated Fund and other Public Funds. Lawyer for Mr. Sky, Paa Kwasi Abaidoo said the pendency of the injunction applications places a restriction on the transmission of the Bill for Presidential assent or otherwise.

Attorney General Godfred Yeboah Dame said the Court’s decision on the suits will bring clarity on commencing a Private Members Bill.

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