Background: A private legal practitioner, Richard Dela Sky, has taken action against the Human Sexual Rights and Family Values Bill, widely known as the anti-gay bill, by filing an application with the Supreme Court.

Basis of Challenge:  Sky argues that the bill’s passage violates various provisions of Ghana’s Constitution, including Article 33(5) and Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1)(a)(b)(d)(e).

Contentions:  He asserts that the bill’s provisions raise concerns about potential infringements on fundamental human rights guaranteed by the Constitution.

Constitutional Violation: Sky further alleges that the Speaker of Parliament violated Article 108(a)(ii) of the Constitution by allowing the bill to proceed, as it imposes charges on public funds.

Bill Overview: The bill, passed by Parliament on February 28, 2024, prohibits LGBTQ activities, their promotion, advocacy, and funding.

Presidential Response: President Nana Addo Dankwa Akufo-Addo has not yet assented to the bill, stating his intention to await the Supreme Court’s ruling before making a decision.

Legal Action: Sky seeks an order to restrain the President from assenting to the bill, citing potential contraventions of constitutional liberties and rights. Additionally, he requests an injunction against enforcing provisions criminalizing same-sex relationships and advocacy efforts outlined in the bill.