The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin and the Attorney General and Minister for Justice, Godfred Yeboah Dame have been sued over the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill (LGBTQI+ Bill.)
According to the suit, the Provisions of Article 108 of the 1992 Constitution were not complied with at the time the Bill was first introduced in Parliament.
While Mr Bagbin has been accused of not complying with Article 108 of the 1992 Constitution, Mr Dame is a co-defendant by virtue of Article 88 of the 1992 Constitution to represent the government of Ghana, its organs and agencies in all legal actions taken against it.
Dr. Ernest Arko, Esq. of Ashong Benjamin and Associates Law firm filed the suit on behalf of the plaintiff, Dr. Amanda Odoi, a Kwaprow-based academic researcher, suing in his capacity as a Ghanaian to move the Supreme Court on July 19, 2023.
The Plaintiff is seeking a declaration that under Article 108 of the 1992 Constitution, the Speaker has a non-discretionary duty to make a determination in a non-arbitrary manner as to whether or not a bill, other than a bill introduced by or on behalf of the President offends Article 108.
He is also seeking a declaration that the failure of the Speaker to perform his non-discretionary duty under Article 108 of the 1992 Constitution amounts to a direct violation of the letter and spirit of Article 108 and renders the entire legislative process relating to the Bill as unconstitutional and void.
The plaintiff argues that the Bill was not introduced by or on behalf of the President of Ghana, noting that it had rather been introduced by a Member of Parliament (MP) for Ningo, Sam George and supported by seven other MPs.
On Thursday June 29, 2023, Parliament of Ghana sat in anticipation of a Second Reading of the anti-LGBTQI+Bill in vain, after the Bill also failed to appear on the order paper on Tuesday, June 27, 2023.
Earlier the Speaker of Parliament, in a statement read on his behalf by the First Deputy Speaker,Joseph Osei-Owusu, directed the Business Committee to programme the Bill on the order paper to make way for the second reading that never was.
Meanwhile, an application for interlocutory injunction has also been filed on June 26, 2023 at the Supreme Court in Accra seeking an injunction to restrain the Speaker of Parliament from proceeding with passing the Bill for assent by the President.
It seeks to restrain the Speaker, his deputies, assigns, agents and privies from proceeding with the promotion of the Proper Human Sexual Rights and Ghanaian Family Value Bill 2021.
