Jubilee House has sternly warned Parliament to desist from transmitting the recently passed Human Sexual Rights and Family Values Bill to the Presidency.
According to the Government House, it is aware of two pending orders for interlocutory injunction, restraining Parliament from transmitting the bill to the President, asking him to sign.
The Executive Secretary to the President, Nana Asante Bediatuo has, therefore, told the Clerk to Parliament, Cyril Nsiah to hold his horses until the matter is resolved by the apex court.
“In the circumstances, you are kindly requested to cease and desist from transmitting the bill to the President until the matters before the Supreme Court are resolved,” Bediatuo stated in a letter he has written to the Clerk.
SERVED APPLICATIONS
In Jubilee House’s letter, Nana Asante Bediatuo informed Cyril Nsiah that the Office of the President had been made aware that both applications had been duly served on the House.
On that basis, it is Jubilee House’s contention that it would be “improper” for Parliament to transmit the Anti-Gay bill to the President, as it would be “equally improper” for the Office to receive same, “until the Supreme Court determines the matters raised in the suits.”
Further, the letter disclosed that the Attorney General has advised the President against taking any action on the bill as the matter is still pending in court.
SETTLED LAW
Referring to law, the Secretary to the President noted that it is settled law that during the pendency of an interlocutory injunction application, the status quo ought to be preserved.
Meaning that no action should be taken that would result in prejudicing the injunctive relief sought and undermining the authority of the court.
DIPLOMATIC CORPS
The Presidency, in the letter, rehashed what the President told members of the Diplomatic Corps in his 2024 new year message to the ambassadors and high commissioners who make up the Corps.
He announced that a concerned citizen had invoked the original jurisdiction of the Supreme Court, challenging the constitutionality of the bill, and, to that end, he called on everyone to cease fire until the Supreme Court pronounces judgement on the constitutionality or otherwise of the bill.
“I think it will serve little purpose to go, at this stage, into the details of the origin of this proposed law, which is yet to reach my desk. But suffice it to say that I have learned that, today [March 7, 2024], a challenge has been mounted at the Supreme Court by a concerned citizen to the constitutionality of the proposed legislation,” the president said.
“In the circumstances, it would be as well for all of us to hold our hands and await the decision of the court before any action is taken. The operation of the institutions of the Ghanaian state will determine the future trajectory of the rule of law and human rights compliance in our country,” President Akufo-Addo further said.
ASSURANCE
In his address, President Akufo-Addo assured the diplomatic community that despite the passage of the Anti-LGBTQI+ Bill, Ghana will not let slip her enviable and long-standing record as a country that respects the fundamental human rights of all persons within its boundaries.
President Akufo-Addo said he was aware of the difficulties some of Ghana’s international partners have with the bill as passed by Parliament.
“I am aware that last week’s bipartisan passage by Parliament of the Proper Human Sexual Rights and Ghanaian Family Values Bill, on a private member’s motion, has raised considerable anxieties in certain quarters of the diplomatic community and amongst some friends of Ghana that she may be turning her back on her hitherto enviable, long-standing record of human rights observance and attachment to the rule of law.
“I want to assure you that no such backsliding will be contemplated or occasioned,” he remarked.
SUITS
Dr. Amanda Odoi and a journalist, Richard Sky have both filed writs at the Supreme Court against the passage of the bill.
