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The Supreme Court has postponed its decision on the injunction applications filed by Dr. Amanda Odoi and Broadcast Journalist Richard Sky regarding the transmission of the anti-LGBTQ bill to the President. The court will deliver its ruling on the same day the final judgment is given.
Early Trial for Justice
Chief Justice Gertrude Torkornoo, who chairs the five-member panel, announced that the court has agreed to expedite the trial to better serve the purpose of justice. The ruling on the injunction applications was delivered separately by the Supreme Court, and the case has been adjourned indefinitely.
Legal Challenges Against the Bill
The lawsuits filed by Richard Dela Sky and Dr. Amanda Odoi contest Parliament’s passage of the controversial anti-gay bill. Sky is challenging the constitutionality of the Human Sexual Rights and Family Values Bill, arguing that it breaches several provisions of the 1992 constitution and violates fundamental human rights.
Dr. Odoi has raised specific concerns about provisions in the bill and seeks a restraining order to prevent the Speaker, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for approval.
Arguments Presented
During the last hearing, Dr. Ernest Ackon, representing Dr. Odoi, 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.
Attorney-General Godfred Yeboah Dame, the second respondent, contended that the Speaker’s discretion is not unconstrained by the constitution, thus requiring the Supreme Court’s decision on the injunction application.
Defense of the Bill’s Transmission
Thaddeus Sory, Counsel for the Speaker of Parliament, argued that the applicant’s claims regarding the need for a fiscal impact analysis were unsupported by the constitution, especially since the bill did not explicitly state it would impose a charge on the consolidated fund. He also pointed out that the substance of the interlocutory injunction was not significantly different from a previous one dismissed by the courts.
Sory further argued that the transmission of the bill from the Speaker to the President is an ongoing process not yet within the Supreme Court’s jurisdiction, urging the court to dismiss the application.
Current Status
The Supreme Court, chaired by Chief Justice Gertrude Torkornoo, is currently hearing the case brought by Richard Dela Sky. The court’s final judgment will address both injunction applications and the broader constitutional issues raised by the plaintiffs.
