Ghana’s Supreme Court Dismisses Legal Challenges to Controversial Anti-LGBT Bill
Ghana’s Supreme Court has unanimously dismissed two legal challenges against a new anti-LGBT bill that has faced significant criticism from rights groups.
Earlier this year, lawmakers approved the Proper Human Sexual Rights and Ghanaian Family Values Bill, which imposes a three-year prison sentence for individuals identifying as LGBT and five years for those forming or funding LGBT organizations. This legislation, regarded as one of Africa’s harshest anti-LGBT laws, has drawn condemnation from the UN and heightened fear within Ghana’s already vulnerable LGBT community.
The challenges were brought forward by Amanda Odoi and Richard Dela-Sky, who argued that the bill was unconstitutional and sought to prevent President Nana Akufo-Addo from signing it into law. While President Akufo-Addo delayed giving his assent to the bill, pending the court’s decision, the Supreme Court ruled that it could not review the case until the president officially signed the bill into law.
“Until there’s presidential assent, there is no act,” stated Justice Avril Lovelace-Johnson, as reported by Reuters. Both cases were unanimously dismissed by the court. Lawyers for Odoi and Dela-Sky expressed disappointment with the ruling and indicated they would explore further options after reviewing the full judgment.
The bill has enjoyed bipartisan support in Ghana’s parliament. However, critics like Dela-Sky argue that there were insufficient MPs present when the vote was conducted.
President Akufo-Addo, whose term ends on January 7, has not disclosed his intentions regarding the bill. Meanwhile, opposition leader John Mahama, who recently won the presidential election, has expressed his support for it.
Even before becoming law, the bill has had serious implications for Ghana’s LGBT community. Abena Takyiwaa Manuh of the Centre for Democratic Governance highlighted increased attacks on LGBT individuals and concerns for their safety.
Introduced in 2021, the bill faced numerous delays before passing. Its potential enactment has also raised economic concerns, with Ghana’s finance ministry warning it could jeopardize $3.8 billion in World Bank funding over the next six years.
