LGBT+ Bill: Dafeamekpor files appeal against dismissal of request to compel Akufo-Addo, Bagbin to act on bill

Member of Parliament (MP) for South Dayi, Rockson-Nelson Dafeamekpor, has filed an appeal against the decision of the High Court which dismissed his request to compel President Akufo-Addo and Speaker of Parliament, Alban Bagbin, to act on the bill within seven days.

The appeal, filed on Tuesday, April 30, 2024, states, among other things, that "the High Court failed to exercise its discretion reasonably and fairly when it refused to grant the Applicant’s Application for Judicial Review in the Nature of Mandamus."

On Monday, April 29, the High Court in Accra, presided over by Justice Ellen Lordina Serwah Mireku, stated that although the court has jurisdiction to hear the mandamus, two pending cases before the Supreme Court challenge the processes of parliament, which are constitutional matters for the apex court to address.

The court expressed the view that it would be inappropriate to compel the respondents, Alban Bagbin and Akufo-Addo, to act on the bill while the basis of the case is pending before the apex court.

However, exercising its discretion, the court dismissed the request which sought to compel the Speaker to transmit the bill to the President, and for the President to be compelled to receive it.

A day after the decision, the applicant, Rockson-Nelson Dafeamekpor, through his lawyers led by Nii Kpakpo Samoa, filed a notice of appeal to challenge the decision of the High Court.

The notice of appeal states: "Please take notice that the Applicant/Appellant, dissatisfied with the decision of the High Court (General Jurisdiction) in Accra contained in the ruling of Her Ladyship Ellen Serwaa L. Mireku, J., dated April 29, 2024, hereby appeals to the Court of Appeal on the grounds set out in paragraph 3 of this Notice of Appeal and will, at the hearing of this appeal, seek the reliefs set out in paragraph 4."

According to the document filed on Tuesday, the appellant expressed concerns about "the entire ruling."

He asserted that the grounds of his appeal are based on the belief that "the ruling is against the weight of evidence."

He indicated that additional grounds would be filed upon receipt of the Record of Appeal.

The appellant and his lawyers are seeking to have the ruling of the High Court reversed and set aside.