Supreme Court defers ruling on Anti-LGBT+ Bill injunction

The Supreme Court has deferred its ruling on the injunction application by Dr. Amanda Odoi regarding the transmission of the Anti-LGBT+ Bill to the president.

Instead, the court said it will deliver its ruling on the same day as the final judgment, citinewsroom.com reports.

The 5-member panel, chaired by Chief Justice Gertrude Torkornoo, stated that an early trial into the case would better serve the purpose of justice.

The lawsuits, filed by broadcast journalist Richard Dela Sky and researcher Dr. Amanda Odoi, have challenged Parliament’s passage of the controversial anti-gay bill.

Richard Dela Sky is contesting the constitutionality of the Human Sexual Rights and Family Values Bill, seeking a declaration that it breaches several provisions of the 1992 constitution and violates fundamental human rights.

Alternatively, Dr. Odoi has raised concerns about specific provisions in the bill and is seeking a restraining order to prevent the Speaker of Parliament, the Attorney General, and the Clerk of Parliament from sending the bill to President Nana Addo Dankwa Akufo-Addo for approval.

At the last hearing, Counsel for Dr. Odoi, Dr. Ernest Ackon, argued that the bill, if approved, imposes a direct charge on public funds, violating Article 108.

He also highlighted the lack of a fiscal impact analysis before the bill was sent to the president.

The Attorney General, Godfred Yeboah Dame, countered that the Speaker’s discretion is constrained by the constitution, necessitating the Supreme Court’s decision on the injunction application.

Dr. Odoi is therefore seeking an injunction to stop the Speaker of Parliament from transmitting the bill to the president.

Counsel for the Speaker of Parliament, Thaddeus Sory, argued that the applicant's claims regarding the need for a fiscal impact analysis were not supported by the constitution, especially since the bill did not explicitly state it would impose a charge on the consolidated fund.

Sory further argued that the substance of the interlocutory injunction was not significantly different from a previous one filed and dismissed by the courts.

He also contended that the transmission of the bill to the president is an ongoing process and not within the jurisdiction of the Supreme Court to deliberate.

He called on the court to dismiss the application.

The Supreme Court, chaired by Chief Justice Gertrude Torkornoo, is currently hearing the Richard Dela Sky case.

NAY/AE

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