Court throws out application to compel Bagbin, President Akufo-Addo to act on Anti-LGBT bill
Source: Graphic Online
The High Court in Accra has thrown out an application seeking to compel the Speaker of Parliament Alban Bagbin and President Akufo-Addo to act on the Anti-LGBT+ Bill within seven days.
In a ruling today [April 29, 2024] the court presided over by Justice Ellen Lordina Serwaa Mireku, said although she had the discretion to grant the mandamus application, it was inappropriate to compel the respondents since there are two cases pending at the Supreme Court challenging the breach of the constitution on the passage of the bill.
The application was filed by Member of Parliament for South-Dayi Constituency, Rockson-Nelson Dafeamekpor on March 22, 2024.
In court today, his lawyer, Nii Kpakpo Samoa Addo, argued that the crux of the application was for the court to compel President to receive the bill adding: “We have come to court for a mandamus for the Speaker of Parliament to send the bill to the President”.
Chief State Attorney, Sylvia Adesu, on the other hand said the action was premature for the Court to interfere with matters between Parliament and the Presidency when the bill had not even been assented.
Background
In his application at the High Court, Dafeamekpor was asking the High Court to compel the Speaker of Parliament to submit the Anti-LGBT+ Bill to the President within seven days.
The plaintiff was also asking the Court to compel the President to receive the anti-gay bill and either sign or indicate to Parliament he cannot assent to it within the same period.
The application for Judicial Review in the nature of mandamus, was premised on the grounds that the Human Sexual Rights and Family Values Bill had been duly passed by the Parliament of Ghana in compliance with the 1992.
Constitution of Ghana
The legislator also argued that the bill “must be transmitted to and received by the President of Ghana for assent or otherwise in accordance with Article 106 of the 1992 constitution.
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