The Supreme Court has ordered Richard Dela Sky to file fresh motion and reliefs by May 17, 2024 following granting of his applications to amend same.
The apex court, ordered for fresh motion and reliefs to be filed to tidy up the records, as well as to give the plaintiff an opportunity to present reliefs that are decorum.
The five-member-panel, presided over by Chief Justice Gertrude Sackey Torkornoo, gave the orders yesterday, after having heard counsel in the suit.
According to the court, after a fresh motion and reliefs had been filed, the avenue for amendment would be closed to parties, as the defendants had been given 7 days after receipt of the application to file their answers.
The court also noted that Thaddeus Sory, Counsel for the Speaker of Parliament, had filed to withdraw and refile his affidavit in opposition.
Paa Kwesi Abidoo, Counsel for Richard Sky, applied to the court to amend his motion and subsequently the reliefs they were seeking.
While Mr. Sory objected to the plaintiff’s quest to amend his motion, Godfred Yeboah Dame, Attorney- General (A-G) urged the court to grant same, since Mr. Sory erred by failing to seek leave of the court to withdraw and refile his affidavit in opposition.
Mr. Sory, in his reply to the opposition by the A-G and Aidoo, stated that there are two means by which amendment could be effected – by seeking the leave of the court to do or application for withdrawal.
He further stated that the Constitutional Instrument quoted by Mr. Aidoo to oppose his withdrawal, only applies to the High Court and not that of the apex, which is governed by its own sets of rules.
Mr. Sory stated that he would, henceforth, seek leave of the court to make any necessary amendment, as ordered.
Richard Dela Sky is challenging the constitutionality of Parliament in the passage of the “Human Sexual Rights and Family Values Bill.”
He is seeking the court to declare the bill null and void, as it violates provisions of the 1992 Constitution, particularly Article 33(5) as well as Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2) and 21(1) (a) (b) (d) and (e).
Furthermore, he wants an order that: “the Speaker of Parliament contravenes Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass ‘The Human Sexual Rights and Family Values Bill, 2024’ into law, as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana
In relation to the anti-LGBTQ Bill, the Supreme Court has ordered the parties in the case of Dr Amanda Oddoi versus the Speaker of Parliament and Attorney General, to make amendments to their applications
Dr. Oddoi is also challenging specific provisions within the Human Sexual Rights and Family Values Bill.
She, therefore, seeks a restraining order to bar the Speaker, the Attorney General and the Clerk of Parliament from sending the bill to be assented to by President Akufo-Addo.
