GhArticles.com Every News in Detail
The Supreme Court has set July 17, 2024, to deliver rulings on two lawsuits filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi against the passage of the controversial anti-gay bill by Parliament.
Mr. Sky is challenging the constitutionality of the Human Sexual Rights and Family Values Bill, asserting that it breaches several provisions of the 1992 constitution and violates fundamental human rights guaranteed by the constitution.
Dr. Odoi has expressed concerns about specific provisions in the bill and is seeking a restraining order to prevent the Speaker of Parliament, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for his approval.
Chief Justice Gertrude Torkornoo announced that the two cases would not be consolidated, and separate rulings would be delivered, following a request by Attorney-General Godfred Yeboah Dame.
Counsel for Dr. Odoi, Dr. Ernest Ackon, argued that the bill imposes a direct charge on public funds, violating Article 108, and highlighted the lack of a fiscal impact analysis before the bill was sent to the President.
The Attorney-General, the second respondent, argued that the Speaker’s discretion is not unconstrained by the constitution, warranting the Supreme Court’s decision on the injunction application.
Dr. Odoi seeks an injunction to stop the Speaker from transmitting the bill to the President. Counsel for the Speaker of Parliament, Thaddeus Sory, argued that the claims regarding the need for a fiscal impact analysis are unsupported by the constitution, particularly as the bill does not explicitly impose a charge on the consolidated fund.
He further argued that the substance of the interlocutory injunction is not significantly different from a previous one filed and dismissed by the courts. Additionally, he contended that the transmission of the bill from the Speaker to the President is an ongoing process and not within the Supreme Court’s jurisdiction to deliberate on.
The Supreme Court, chaired by Her Ladyship Gertrude Torkornoo, is currently hearing the case filed by Richard Dela Sky.
