An Accra High Court has rejected a request by the Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor which sought to compel President Akufo-Addo to either assent to or reject the anti-LGBTQ bill that was passed by Parliament.
In his suit, the MP was seeking multiple declarations and orders pertaining to the President’s powers under Ghana’s 1992 Constitution.
Mr. Dafeamekpor requested a declaration stating that, under Article 106(1) and (7) of the Constitution, a President must either assent to or refuse a bill within seven days unless it has been referred to the Council of State.
He also sought a declaration that the President cannot obstruct Parliament from sending a bill that has been passed to him for consideration.
Additionally, the MP called for a declaration that a letter dated March 18, 2024, sent to the Clerk of Parliament and signed by the Secretary to the President, Nana Bediatuo Asante, is in violation of the Constitution, thereby requiring the President to retract the letter.
However, the Attorney-General’s legal team, represented by Chief State Attorney Sylvia Adeso, argued that the High Court lacked jurisdiction to grant the application filed by Dafeamekpor.
In her ruling, Justice Ellen Mireku stated that the Court indeed had jurisdiction but used her discretionary powers to dismiss the mandamus application.
She explained that two separate suits filed by private citizens, Prof. Amanda Odoi and Richard Dela Sky, had direct implications for the mandamus application. Due to these pending cases, the Court declined to grant the reliefs sought by the South Dayi MP.