Ghana’s Supreme Court dismissed two cases that challenged the legality of Ghana's restrictive anti-LGBT bill- Gatty image
Ghana’s Supreme Court on Wednesday dismissed two separate legal challenges against one of Africa’s most stringent anti-LGBT bills, effectively paving the way for President Nana Akufo-Addo to sign the controversial legislation into law.
The bill, which was unanimously approved by Ghana’s parliament in February, intensifies restrictions on the rights of LGBT individuals and those advocating for non-conventional sexual or gender identities. Despite its approval, President Akufo-Addo had delayed signing the bill, pending the resolution of legal challenges filed at the Supreme Court.
Lawyers Amanda Odoi and Richard Sky filed the separate challenges, arguing that the bill was unconstitutional and seeking to prevent the president from endorsing it. However, in a televised ruling, Justice Avril Lovelace-Johnson, part of the seven-member panel, stated that the cases were premature, as the bill had not yet received presidential assent. “Until there’s presidential assent, there is no act,” she said, adding that the cases were "unanimously dismissed."
In response, Odoi and Sky expressed disappointment with the ruling and indicated they would review the full judgment before deciding on further action.
The bill, which has been strongly supported by a coalition of Christian, Muslim, and traditional Ghanaian leaders, seeks to broaden legal measures against LGBT activities. While same-sex relations were already punishable by up to three years in prison, the new bill introduces harsher penalties, including up to five years for the "willful promotion, sponsorship, or support of LGBTQ+ activities."
Despite warnings from Ghana’s finance ministry that the legislation could jeopardize $3.8 billion in World Bank financing and complicate a $3 billion loan from the International Monetary Fund, supporters of the bill have continued to advocate for its passage.
Abena Takyiwaa Manuh, a senior fellow at the Accra-based Centre for Democratic Governance, expressed concern over the ruling, warning that the bill’s eventual enactment could jeopardize the safety and rights of LGBT individuals and human rights defenders. "This kind of formalism actually puts at risk the lives and health of members of the LGBT community," she said. "They can now do their worst."
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