Anti-LGBT+ Bill: A-G makes U-turn, opposes to Dafeamekpor’s action to compel Bagbin, Akufo-Addo to act

State Attorneys have made a U-turn in the mandamus filed by Rockson-Nelson Dafeamekpor seeking to compel the Speaker of Parliament Alban Bagbin and President Akufo-Addo to act on the Anti-LGBT+ Bill within seven days.

The State had initially indicated to the Court that it would not oppose the substantive application, but would rather respond on the point of law.

However, in Court on Thursday, April 18, there was a new twist as the State filed an affidavit in opposition, a development that surprised both the Court and the lawyers of the applicant.

The High Court in Accra presided over by Justice Ellen Lordina Serwaa Mireku had on April 9 adjourned for the Attorney General's Office to file legal submissions.

But, George Tetteh Sackey, a Principal State Attorney said they filed their affidavit in opposition yesterday, April 17.

The case has since been adjourned to April 29 for a lawyer of the Applicant led by Nii Kpakpo Samoa Addo to file a reply to the AG’s affidavit in opposition.

Member of Parliament (MP) for South Dayi Rockson Nelson-Dafeamekpor has applied to the High Court to compel the Speaker of Parliament to submit the Anti-LGBT+ Bill to the President within 7 days.

The Plaintiff is also asking the Court to compel the President to accept the bill and either sign or indicate to Parliament he cannot assent to it within the same period.

The application for Judicial Review in the nature of Mandamus which was filed on March 22 was premised on grounds that, the Human Sexual Rights and Family Values Bill has been duly passed by the Parliament of Ghana in compliance with Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.

The legislator who is the Plaintiff also argued that the Bill “must be transmitted to and received by the President of Ghana for assent or otherwise in accordance with Article 106 (7) of the 1992 Constitution of Ghana.”