Anti-Gay Bill Cases: Supreme Court is ready once all parties file processes – Judicial service assures

The Judicial Service has assured that the Supreme Court is ready to expedite hearings on all the anti-gay cases before it, should the parties file their respective processes.

According to the service, neither the plaintiffs—Richard Dela Sky (Broadcaster) and Dr. Amanda Odoi (Researcher)—nor the defendants—the Speaker of Parliament and the Attorney General—have filed their processes, including a joint memorandum of issues for the trial to start.

The reaction of the Judicial Service comes a day before proponents of the Human Rights and Family Values Bill, including Sam George, indicated they would hit the streets to protest against the Chief Justice and the Judicial Service for the delay in dealing with the case, which has stalled the bill passed by Parliament in February from being transmitted to the president for his assent.

Providing an update on the cases in a press conference on Monday, October 7, the Registrar of the Supreme Court, Justice Ellen Offei Aryeh, said the Apex Court is ready to deal with the cases once the parties file their processes.

“The general public is assured that the Supreme Court registry is ready to receive all processes that need to be filed.

“The Supreme Court is ready to hear every matter where parties have complied with the rules of the court directing the processes to be filed before a hearing is held,” the Registrar of the Apex Court said.

The Registrar, who doubles as a Justice of the High Court, said lawyers of Parliament had, on October 1, 2024, filed an application for an extension of time to file their statement of defense, which would be considered next week.

“On October 1, 2024, the lawyer for Parliament filed an application asking the court to give permission for Parliament to file its defense even though they had exceeded the 14 days set by the Supreme Court rules.

“This application will be heard within the first week of Supreme Court sitting, being October 15 to 17, 2024,” Justice Aryeh explained.

Below is the full update from the Judicial Service on the matter:

On February 28, 2024, the Human Sexual Rights and Family Values Bill was passed by Parliament. Before the passage of the bill, the following cases were filed:

Dr. Prince Obiri-Korang v. the Attorney General was filed on August 26, 2021.

It sought a declaration that Section 104 (1) (b) of the Criminal Offences Act 1960, Act 29, violates Article 18 (2) of the 1992 Constitution. Article 18(2) guarantees the right to privacy. Section 104(1) (b) makes unnatural carnal knowledge a criminal offense.

The Supreme Court delivered its judgment on July 24, 2024, and held that Section 104(1)(b) did not violate Article 18 (2) of the 1992 Constitution.

Amanda Odoi v. Speaker & AG

The case of Dr. Amanda Odoi v. the Speaker of Parliament and the Attorney General was filed on June 11, 2023, on grounds that Parliament had contravened Article 108 of the 1992 Constitution in the passage of the bill.

Parliament filed its defense in the form of a Statement of Case in March 2024. Parliament was supposed to file its defense within 14 days of notice of the action; however, Parliament filed its defense on March 14, 2024.

The Attorney General has not filed a defense in the form of a statement of case. Neither have the three parties filed the issues to be decided by the court as directed by the Supreme Court Rules, 1996, CI 16.

Richard Sky v. Parliament & AG

Richard Sky v. Parliament of Ghana and the Attorney General was filed on March 5, 2024. The plaintiffs also want a declaration, among others, that the Human Sexual Rights and Family Values Bill was passed in violation of Article 108 of the 1992 Constitution.

Neither Parliament nor the Attorney General has filed a defense in the form of a statement of case. All three parties have not filed the needed memorandum of issues that they need the court to settle.

The Judicial Service issued a statement on September 13, 2024, which gave the above update in respect of the two cases and explained that the parties have not completed the processes they were required to file before the Supreme Court can hear any case.

On October 1, 2024, the lawyer for Parliament filed an application asking the court to give permission for Parliament to file its defense even though they had exceeded the 14 days set by the Supreme Court rules.

This application will be heard within the first week of the Supreme Court sitting, being October 15 to 17, 2024.

Conclusion

The general public is assured that the Supreme Court registry is ready to receive all processes that need to be filed.

The Supreme Court is ready to hear every matter where parties have complied with the rules of the court directing the processes to be filed before a hearing is held.