In a significant ruling, the Supreme Court has unanimously dismissed a case brought forth by media personality Richard Dela Sky and Dr. Amanda Odoi, a researcher at the University of Ghana, who challenged the Human Sexual Rights and Family Values Bill, commonly referred to as the Anti-LGBTQ+ Bill. Apexnewsgh reports
During the court proceedings, presiding Judge Justice Lovelace Johnson emphasized that the case was premature, as the bill has not yet received presidential assent and therefore cannot be subjected to judicial review.
This critical point of law highlighted that a bill must first be enacted before any question of its constitutionality can be examined by the judiciary.
Richard Sky’s petition argued that the bill infringes upon various provisions of the 1992 Constitution, specifically citing violations of Articles 33(5), 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1)(a)(b)(d) among others. Among the eight reliefs sought, Sky claimed that the Speaker of Parliament had contravened Article 108(a)(ii) by allowing the passage of legislation that imposes financial obligations on the Consolidated Fund and public resources. Furthermore, he sought an injunction to block the implementation of the bill, labeling it unconstitutional and a misuse of legislative authority.
However, the Supreme Court found no merit in the claims presented and dismissed the case in its entirety. This ruling reinforces the notion that judicial scrutiny of a bill’s constitutionality is contingent upon its enactment into law, marking a crucial moment in the public discourse surrounding the contentious bill.
Source: Apexnewsgh.com
