The Supreme Court of Ghana recently addressed a challenging case concerning the controversial anti-LGBTQ+ bill. During a televised session, Justice Avril Lovelace-Johnson, articulating the unanimous ruling of the court, dismissed the constitutional challenges posed against a bill that aims to criminalize LGBTQ+ expression and advocacy in Ghana. The dismissal, she explained, was primarily due to the constitutional separation of powers among the judiciary, president, and legislature. Given that the bill has yet to become law, she argued, the challenges do not yet properly invoke the exclusive jurisdiction of the court. Her argument was that it remains premature for the court to intervene in this context. For further insight into the court’s reasoning, written explanations are slated for release later this week (source).
The origin of the bill dates back to 2021, proposed as a reaction to the establishment of an LGBTQ+ advocacy resource center in Ghana. The bill proceeded through Ghana’s Parliament and was unanimously passed at its third reading this past February (read more). In the Ghanaian legislative process, a bill requires three readings, followed by presidential assent, to be enacted into law. The current President, Nana Akufo-Addo, previously stated that he would refrain from assenting until the Supreme Court reviewed its constitutionality (watch statement).
Criticism has emerged domestically and internationally concerning the Supreme Court’s decision. Abena Takyiwaa Manuh of the Ghana Center for Democratic Development voiced her concerns, highlighting potential jeopardy to the safety and health of the LGBTQ+ community and human rights advocates. These perspectives add to a broader critique of the legislation, which imposes severe penalties, including prison sentences, for identifying as LGBTQ+ or advocating for related rights. Domestically, various human rights organizations have called for a thorough Supreme Court evaluation due to potential conflicts with fundamental human rights as enshrined in the 1992 Constitution of Ghana (review the Constitution). Internationally, organizations like Human Rights Watch have reported escalating violence and human rights abuses against LGBTQ+ persons, urging President Akufo-Addo to withhold his assent (read report).
With the Supreme Court dismissing these legal challenges, the next step in the bill’s progression is securing presidential assent. There is uncertainty regarding whether President Akufo-Addo, whose term is concluding, will provide this assent. Ghana’s recent parliamentary elections saw a transition in leadership, with President-elect John Mahama set to take office in January 2025 (details on elections).