Ghana Supreme Court Dismisses Legal Challenges To Anti-LGBT Bill

Ghana’s Supreme Court has unanimously dismissed two legal challenges against a proposed anti-LGBT law that has drawn widespread criticism from rights groups.

The bill, passed by lawmakers earlier this year, imposes up to three years in prison for individuals identifying as LGBT and up to five years for forming or funding LGBT organizations. Critics, including the United Nations, have condemned it as one of Africa’s most severe anti-LGBT laws, while Ghana’s LGBT community faces increasing fear and discrimination.

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Legal challenges were filed by Amanda Odoi and Richard Dela-Sky, who sought to have the bill declared unconstitutional and to block President Nana Akufo-Addo from signing it into law. President Akufo-Addo delayed giving his assent, citing the pending Supreme Court decision.

After months of deliberation, the court ruled that it could not review the bill until it is signed into law. Justice Avril Lovelace-Johnson stated, “Until there’s presidential assent, there is no act,” as reported by Reuters. Both cases were dismissed unanimously.

Lawyers for Odoi and Dela-Sky expressed disappointment with the ruling and indicated they would consider further action after reviewing the judgment.

The controversial “Proper Human Sexual Rights and Ghanaian Family Values Bill” has the backing of both major political parties in Ghana. However, Mr. Dela-Sky argued that the parliamentary vote was invalid due to insufficient attendance by MPs during the session.

President Akufo-Addo, whose term ends on January 7, has not yet announced his decision on the bill. Meanwhile, President-elect John Mahama, who recently won the election, has voiced his support for the legislation.

If signed into law, the bill is likely to face additional legal challenges. Ghana already criminalizes gay sex with penalties of up to three years in prison, but this new legislation has further escalated tensions.

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Abena Takyiwaa Manuh, a senior fellow at the Centre for Democratic Governance in Accra, highlighted the bill’s immediate impact, saying, “Even without the passage of the bill, people have been attacking members of a certain community.” Manuh also warned that the legislation poses risks to the safety and health of LGBT individuals and human rights defenders.

Introduced in 2021, the bill faced significant delays before being passed. Its approval has also sparked warnings from Ghana’s finance ministry, which cautioned that the country could lose approximately $3.8 billion in World Bank funding over the next five to six years if the legislation is enacted.

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