Declare anti-LGBTQ+ bill null and void – Richard Sky to Supreme Court

A private legal practitioner, Richard Dela Sky, has filed an application with the Supreme Court, seeking a declaration that the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill, is null, void, and of no effect.

Sky contends that the passage of the bill violates Article 33(5) of the Constitution of 1992, as well as the provisions of Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e) of the Constitution.

He asserts that the bill’s provisions “raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution.”

Additionally, Richard Sky claims that “the Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass “The Human Sexual Rights and Family Values Bill, 2024″ into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.”

The bill, which prohibits LGBTQ activities and their promotion, advocacy, and funding, was passed by Parliament on Wednesday, February 28, 2024.

President Nana Addo Dankwa Akufo-Addo has yet to assent to the bill and has stated that he will await the Supreme Court’s ruling before deciding on the controversial bill.

Sky, in its writ, also wants the Supreme Court to give an “order restraining the President of the Republic from assenting to ‘The Human and Sexual Values Bill, 2024,’ as such action will directly contravene the constitutional safeguards of liberties and rights of Ghanaians.”

He further prayed for “an injunction barring any attempts to enforce the provisions of “The Human Sexual Rights and Family Values Bill 2024,” particularly those criminalising same-sex relationships and related advocacy efforts.”