Gabby, NPP lawyers must revise their notes on homosexuality - Sammy Gyamfi

A member of the National Democratic Congress, Sammy Gyamfi has advised private legal fractioned Gabby Asare Otchere-Darko and legal luminaries within the ruling New Patriotic Party (NPP), to revise their notes on claims homosexuality is not illegal in the country.

The Former Executive Director of Danquah Institute on Sunday justified the comments made by President Nana Addo Dankwa Akufo-Addo on Aljazeera to the effect that homosexuality is bound to be legalized in the country and that it is not a crime.

Mr Otchere-Darko also argued that homosexuality is not a crime in Ghana adding that the President was right.

“The President is absolutely, legally right. Homosexuality is NOT a crime in Ghana. That does not necessarily mean that it is legal. What is a crime, per the law, is unnatural carnal knowledge – and that law was taken straight from the criminal code of England & Wales. Now, lawyers can argue over what is unnatural carnal knowledge to expand and narrow case law. Strictly speaking, having “unnatural carnal knowledge” with even your spouse (lawfully married) of the opposite sex may be construed as an offense! Now, you couples of ‘perverse’ proclivities do take a moment to think about that! The President was also right to say that our society doesn’t seem yet ready for legalizing gay marriages. What we must all protect against is the culture of hate against any man or woman for their sexual orientation. You do not have to be pro-gay to respect your neighbour’s right to choose the one he or she wants to love”,he posted on his facebook page

But in a sharp rebuttal, Sammy Gyamfi in a facebook post said :”Lawyer Gabby Otchere Darko and other NPP lawyers who have been expressing the position that homosexuality is not illegal in Ghana should revise their notes.

Gayism is criminal in Ghana under section 104 of the criminal Code (Act 29), which criminalizes unnatural carnal knowledge.

Unnatural Carnal knowledge is defined under the common law as penal penetration of anything other than the vagina of a woman.

Lesbianism on the hand can be said not to be criminal under the criminal code of Ghana. This is because unlike gayism, lesbianism doesn’t involve penal penetration (carnal knowledge) and so strictly speaking, it cannot be said to amount to unnatural carnal knowledge as provided under section 104 of ACT 29z

However, this legal defect in our Penal Code doesn’t make lesbianism legal in Ghana. lesbianism is unconstitutional and illegal under Ghanaian law. This is because the sources of law of Ghana as provided under article 11 of the 1992 constitution includes customary law. And undoubtedly the customary laws of Ghana proscribes lesbianism.

And so lesbianism and homosexuality cannot be justified under any circumstance in Ghana#SAY NO TO HOMOSEXUALITY”.