Richard Dela Sky, a journalist and private attorney, filed an application with the Supreme Court to modify the reliefs granted in his lawsuit contesting the legitimacy of Parliament’s passage of the Human Sexual Rights and Family Values Bill, popularly known as the anti-gay bill.
In a related case, researcher Dr. Amanda Odoi is contesting the enactment of the anti-LGBTQ+ legislation before the supreme court.
The two lawsuits, according to President Nana Addo Dankwa Akufo-Addo, are the reason the bill hasn’t been delivered to him for his approval.
Due to the litigation’ national attention and discussion, Richard Sky’s attorneys requested on Wednesday, May 8, to modify some of their relief requests in court.
Attorney Thaddeus Sory for the first defendant recommended to the court that the applicant be allowed an extension of time to revise paragraphs five and seven of his applications in order to align them with his relief requests.
A restraining order prohibiting the Speaker of Parliament and the Clerk to Parliament from bringing the Human and Sexual Values Bill, 2024 to the President of the Republic for his assent is sought in paragraph five of the applicant’s writ.
“An injunction barring any attempts to enforce the provisions of The Human Sexual Rights and Family Values Bil 2024, particularly those criminalizing same-sex relationships and related advocacy efforts,” is another request made in paragraph seven of the application.
After some back and forth, Chief Justice Gertrude Torkonoo deferred the amendment to May 17 and upheld the first defendant’s attorney’s recommendation.
After hearing from each attorney, the court grants the first defendant’s request for representation and directs the plaintiff application to submit a new motion paper along with a statement of case and an affidavit of support. Additionally, the plaintiff is permitted to raise any factual or legal difficulties in the new procedure.
“As the plaintiff applicant has until May 17 to file the new process, you have moved from May 9 to May 17, 2024. After serving defendants, attorneys have seven days to file any necessary paperwork.
Additionally, there was a heated discussion between Chief Justice Gertrude Torkornoo and Speaker of the Parliament Thaddeus Sory’s attorney.
Along with arguing that the bill’s passage violates Article 33(5) of the 1992 Constitution as well as Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e), Richard Dela Sky is suing the apex court to declare the bill null and void.
In his request for eight reliefs, Mr. Sky claims that the Speaker of Parliament violated Article 108(a)(ii) of the Constitution by allowing Parliament to proceed with and pass “The Human Sexual Rights and Family Values Bill, 2024” into law because it places a charge on the Consolidated Fund or other public funds of Ghana, in light of Article 296(a)(b) and (c).
Concerns over some clauses in the Human Sexual Rights and Family Values Bill have been voiced by Dr. Amanda Odoi. 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.
Due to the increasing public interest in the case, the Chief Justice granted the Attorney-General’s request to broadcast the case’s hearing live on electronic media.
