Anti-LGBTQI bill: Court adjourns Dafeamekpor’s case to fast track presidential assent to April 29
An Accra High Court has adjourned the case seeking a judicial review in the presentation of the anti-LGBTQ Bill for assent by the President.
This is to allow lawyers of MP for South Dayi Rockson-Nelson Dafeamekpor to respond to AG’s documents opposing the application.
In court on Thursday, April 18, lawyers representing the Attorney General notified the court that they had been advised to take a date to respond to additional documents filed by counsel for the South Dayi MP.
Stephen Tetteh Sackey, a Principal State Attorney also indicated that they had filed documents opposing the motion filed by Rockson Nelson Dafeamekpor regarding the anti-LGBTQ Bill.
Lead counsel for the South Dayi MP, Nii Kpakpo Samoa Addo then prayed the court for additional time to respond to issues raised by the Attorney General in their documents opposing their suit.
The case presided over by Justice Ellen Mireku has since been adjourned to April 29.
Background
Mr Dafeamekpor on March 25 filed a new application at the High Court to compel the Speaker of Parliament to submit Anti-LGBT bill to the President within 7 days.
The Plaintiff is also asking the Court to compel the President to accept the bill and either sign or indicate to Parliament he cannot assent within the same period.
He filed this motion on the grounds that the Human Sexual Rights and Family Values Bill has been duly passed by the Parliament of Ghana in compliance with Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
Plaintiff further argued that the Bill “must be transmitted to and received by the President of Ghana for assent or otherwise in accordance with Article 106 (7) of the 1992 Constitution of Ghana.”
According to EIB Network Legal Affairs Correspondent, Murtala Inusah, an application for Mandamus is a request to a Court asking it to compel or order a government official to properly fulfill their official duties or correct an abuse of discretion.
Below are the reliefs being sought by the Plaintiff in his application for Mandamus
I. A declaration that the Parliament of Ghana duly complied with all the Constitutional provisions stipulated in Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana in the passage of the Human Sexual Rights and Family Values Bill on the 28th of February, 2024.
II. An Order of mandamus directed at the 1st Respondent herein to present the Human Sexual Rights and Family Values Bill to the President of the Republic of Ghana herein in accordance with Article 106 (7) of the 1992 Republic Constitution of Ghana on the basis that the Parliament of Ghana has duly complied with all the Constitutional provisions stipulated under Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
III. An Order directed at the President of Ghana to receive the Human Sexual Rights and Family Values Bill as presented by Parliament in accordance with Article 106 (7) of the 1992 Constitution of Ghana for the purposes of his assent or otherwise.
IV. An Order directed at the President of the Republic of Ghana to signify to the 1st Respondent herein, within seven days after the presentation of the Human Sexual Rights and Family Values Bill, his assent to the Bill or that he refuses to assent to the bill in accordance with Article 106 (7) of the 1992 Constitution of Ghana unless the Bill is referred by the President to the Council of State pursuant to Article 90 of the Constitution of Ghana.
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