The Supreme Court will decide on July 17, 2024, on lawsuits filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi against Parliament’s passing of the controversial anti-gay bill.
Sky challenges the bill’s constitutionality, arguing it violates the 1992 constitution and human rights laws. Dr. Odoi has concerns about specific provisions in the bill.
In order to stop the Speaker, the Attorney General, and the Parliament Clerk from forwarding the bill to President Akufo-Addo for his assent, she is also requesting a restraining order.
The court was informed by Chief Justice Gertrude Torkornoo that separate decisions will be made in the two instances rather than a consolidation.
This ruling was made in response to a request made by Attorney General Godfred Yeboah Dame.
Dr. Ernest Ackon, Amanda Odoi’s attorney, contended that the law violates Article 108 since it places a direct burden on public funds if it is passed. Additionally, before the law was forwarded to the president, he drew attention to the absence of a fiscal effect analysis.
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Godfred Yeboah Dame, the Attorney-General, who was the second respondent, contended that the Speaker’s discretion is bound by the constitution and hence the conclusion made by the apex court regarding the injunction case is justified.
Dr. Amanda Odoi, the plaintiff, is requesting an injunction to prevent the Speaker from sending the bill to the President.
The applicant’s claims regarding the necessity of a fiscal impact analysis, according to the first defendant in the case, Counsel for the Speaker of Parliament Thaddeus Sory, were not supported by the constitution, particularly since the bill did not specifically state that it would impose a charge on the consolidated fund.
He said that the interlocutory injunction’s content was essentially the same as that of an earlier request made by the plaintiffs that the courts had rejected.
He went on to say that the process of getting the bill from the Speaker of Parliament to the President for his assent is still ongoing and not yet finished, therefore the Supreme Court lacked jurisdiction to consider the issue.
Also he urged the judge to reject the application that was submitted before the bench.
The Richard Dela Sky case is presently being heard by the Supreme Court, which is presided over by Her Ladyship Gertrude Torkonoo.
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