The Supreme Court has adjourned Richard Sky’s application 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 to May 17, 2024.
The adjournment, as ruled by the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, is to enable counsel for the plaintiff to “file a fresh motion paper with supporting affidavit and statement of case.”
Counsel for the first defendant, Thaddeus Sory, suggested to the court that the applicant be given time to amend paragraphs five and seven of his applications to sync with his reliefs.
The Chief Justice in her ruling, upheld the suggestion of the counsel for the first defendant and adjourned the amendment to May 17.
“By listening to all the counsels, the court agrees with the suggestion of counsel for the first defendant and orders the plaintiff applicant to file a fresh motion paper with supporting affidavit and statement of case. Plaintiff is also given leave to address any matters of fact and issues of law in the new process.
“Plaintiff applicant is given up to May 17, so now you have moved from May 9 to file the new process on May 17, 2024. Counsel for defendants are given seven days after service on them to file any processes that they may wish to.”
In his suit, Richard Dela Sky is challenging the constitutionality of Parliament in passing the “Human Sexual Rights and Family Values Bill.”
The Plaintiff who is seeking the apex court to declare the bill null and void, also argues that the passage of the bill violates provisions of the 1992 Constitution particularly Article 33(5) as well as Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e).
Mr. Sky is seeking eight reliefs including an order 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.”
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