How CNN, BBC reported Supreme Court's dismissal of suits against Ghana’s anti-gay bill

The apex court of Ghana, the Supreme Court, on Wednesday, December 18, 2024, threw out two suits challenging the constitutionality of the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill.

The passage of the bill on February 28, 2024, sparked international condemnation, with most global media giants describing it as the "most draconian anti-LGBT laws".

The bill outlaws Lesbian, Gay, Bisexual, and Transgender (LGBT) activities and criminalises their promotion, advocacy, and funding. Persons caught in these acts will be subjected to a six-month to three-year jail term, with promoters and sponsors facing a three to five-year jail term.

The only thing now preventing the anti-gay bill from becoming law is the assent of President Nana Addo Dankwa Akufo-Addo, who has less than a month in office.

Here is how the BBC and CNN reported the Supreme Court's dismissal of suits challenging the constitutionality of the anti-gay bill:

BBC

Ghana's Supreme Court dismisses challenges to anti-LGBT bill

Ghana's Supreme Court has unanimously decided to dismiss two legal challenges to new anti-LGBT legislation that has been criticised by rights groups.

Earlier this year, lawmakers passed a bill imposing three years in prison for people identifying as LGBT and five years for forming or funding LGBT groups.

Fear and uncertainty has gripped Ghana's LGBT community, already facing limited rights. The bill, considered one of Africa's most draconian anti-LGBT laws, has been condemned by the UN.

Amanda Odoi and Richard Dela-Sky filed separate challenges to the bill to declare it illegal and prevent President Nana Akufo-Addo from signing it into law.

President Akufo-Addo delayed signing it following the challenges to the bill. He said he would wait for the Supreme Court's decision.

But after several months of consideration, the judges said the case couldn't be reviewed until the president had signed it into law.

"Until there's presidential assent, there is no act," said Justice Avril Lovelace-Johnson as quoted by Reuters news agency.

The two cases were "unanimously dismissed", Justice Lovelace-Johnson added.

Ms Odoi and Mr Sky's lawyers told Reuters they weren't happy with the ruling and would explore their options after reviewing the full judgment.

The proposed new legislation - The Proper Human Sexual Rights and Ghanaian Family Values bill - was backed by both of Ghana's main political parties.

But Mr Sky said there were not enough MPs in the chamber when the vote took place.

With his two-term presidency ending on 7 January, President Akufo-Addo has not yet revealed what he will do.

Opposition leader John Mahama, who won this month's presidential election, has expressed support for the bill.

If it becomes law, it is likely to face further challenges in court.

Gay sex is already punishable by up to three years in prison in the conservative West African country.

But this new legislation has already had implications for the LGBT community, said Abena Takyiwaa Manuh, senior fellow of Accra-based Centre for Democratic Governance.

"Even without the passage of the bill, people have been attacking members of a certain community," he was quoted as saying by Reuters.

"This kind of formalism actually put at risk the life and health of certain members of the community, and of course some of us who are human rights defenders."

The bill was first introduced to parliament in 2021 but faced many delays.

When it was passed, the controversial bill sparked criticism from the finance ministry, which warned that Ghana could lose about $3.8bn (£3bn) in World Bank funding over the next five to six years if it was passed.

CNN

Ghana Supreme Court rejects legal challenges to anti-LGBT bill

Ghana’s Supreme Court on Wednesday dismissed two separate cases challenging the legality of one of Africa’s most restrictive pieces of anti-LGBT legislation, paving the way for the president to sign it into law.

The West African nation’s parliament unanimously approved the bill in February. It increases a crackdown on the rights of LGBT people and those promoting lesbian, gay or other non-conventional sexual or gender identities.

However, President Nana Akufo-Addo delayed signing it pending the challenges filed at the Supreme Court.

Amanda Odoi and Richard Sky, both lawyers, filed separate challenges to the bill, seeking to declare it illegal and prevent the president from signing it.

Justice Avril Lovelace-Johnson, from the seven-member panel court, said in the televised ruling that the cases were premature.

“Until there’s presidential assent, there is no act,” she said, adding the two cases were “unanimously dismissed.”

Lawyers for Odoi and Sky told Reuters they were disappointed by the ruling and would examine their options after studying the full judgment.

A coalition of Christian, Muslim, and Ghanaian traditional leaders sponsored the legislation.

Gay sex was already punishable by up to three years in prison before this legislation. The bill now also imposes a prison sentence of up to five years for the “willful promotion, sponsorship, or support of LGBTQ+ activities.”

Supporters of the bill have been pushing for its promulgation despite a finance ministry warning that it could jeopardize $3.8 billion in World Bank financing and derail a $3-billion loan package from the International Monetary Fund to help Ghana out of an economic crisis.

“I think that just this pronouncement, this kind of formalism, actually puts at risk, the lives and health of members of the (LGBT) community and some of us who are human rights defenders,” Abena Takyiwaa Manuh, senior fellow of Accra-based Centre for Democratic Governance, said from the court.

“They can now do their worst.”

BAI/

Watch Eyewitnesses account of how ballot boxes for disputed Ablekuma North election got burnt