Anti-LGBTQ Bill: File Defence In 7 Days – SC To Parliament

The Supreme Court has given Parliament seven (7) days within which to file a statement of defence in the suit challenging the passage of the Proper Human Sexual Rights and Ghanaian Family Values Bill, often referred to as the Anti-LGBTQ Bill.

The court, presided over by a single judge, Justice Yaw Darko Asare, yesterday granted an application filed by lawyers for Parliament seeking permission to file its statement of case after failing to meet the timeline set out by the Rules of Court.

The defence is in respect of the suit filed by broadcast journalist and legal practitioner, Richard Dela Sky challenging the passage of the bill and also seeks to prevent the President from assenting to it to become law.

Moving the motion yesterday, Raphael Banaangman told the court that it was not deliberate or out of disrespect for the court that they could not file their statement of case.

He admitted that lawyers for Parliament are at fault and prayed the court that the repercussions are not visited on Parliament.

Mr. Banaangman added that they inadvertently did not add the proposed statement of case to the application but should the court grant the application, they would be able to file the statement of case by next week.

Paa Kwesi Abaidoo, counsel for Richard Sky, did not oppose the application but indicated that the panel hearing the substantive case on July 17, 2024, admitted his contention that without the defendants filing their statement of case, he will not be able to file his memorandum of issues.

“As evidenced this morning, it has not been filed yet the information is put out there to the general public that counsel for plaintiffs are contributing to the delays in the matter because they have not filed their memorandum of issues. It is not true,” he added.

Sylvia Adusu, a Chief State Attorney from the Office of the Attorney General also did not oppose the application but indicated that so long as Parliament does not release the financial impact analysis of the bill, it will not be able to file a statement of case as it is a crucial part of the entire case before the court.

Justice Yaw Darko Asare, after listening to the parties, granted the application and gave Parliament seven days within which to file its statement of case.

Bill

Parliament on February 28, 2024 passed the Proper Human Sexual Rights and Ghanaian Family Values Bill, often referred to as the Anti-LGBT Bill, which introduced further punishment for gay activities in the country.

The Supreme Court on July 17, 2024, deferred its decisions on two separate applications seeking to restrain Parliament from transmitting the bill to the President for possible assent into law.

A five-member panel of the court presided over by Chief Justice Gertrude Torkornoo said it will be proper to give a comprehensive decision on the substantive suit rather than dwelling on controversial matters raised in the interlocutory applications.

Source:dailyguidnetwork.com