Dafeamekpor wants High Court to force Akofo-Addo, Bagbin to act on LGBTQ+ Bill in 7 days

In a move aimed at accelerating the legislative process surrounding the contentious Anti-LGBT Bill in Ghana, Member of Parliament (MP) for South Dayi, Rockson Nelson-Dafeamekpor, has lodged a fresh application at the High Court.

Filed on March 22, the application seeks to compel the Speaker of Parliament to swiftly submit the bill to the President within a strict seven-day window.

The application, framed as a Judicial Review in the form of a Mandamus, rests on the assertion that the Human Sexual Rights and Family Values Bill has traversed all necessary legislative stages as prescribed by Article 106 of the 1992 Constitution of Ghana. The Plaintiff argues that failure to promptly transmit the bill to the President would constitute a breach of parliamentary duty.

EIB Network's Legal Affairs Correspondent, Murtala Inusah, clarified that a Mandamus application serves to compel government officials to fulfil their obligations or rectify perceived abuses of authority. In this instance, the MP's legal action underscores the urgency of ensuring adherence to constitutional procedures in the handling of the Anti-LGBT Bill.

This latest legal manoeuvre follows a previous writ initiated by the same MP at the Supreme Court. In that instance, the MP sought to restrain the Speaker of Parliament from vetting and approving ministerial nominees, citing concerns over procedural irregularities. However, the Attorney General countered this argument, asserting that Parliament's functioning remained uninhibited by the Plaintiff's action.

The ongoing legal skirmish highlights the polarizing nature of the Anti-LGBT Bill, which has sparked heated debates across Ghanaian society.

Read the reliefs Dafeamekpor is seeking for the court below:

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.

V. Any other relief(s) this Honourable Court may deem fit.

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