In a landmark decision, Ghana’s Supreme Court has dismissed two high-profile cases challenging the constitutionality of the controversial Human Sexual Rights and Family Values Bill. The ruling has set the stage for President Nana Akufo-Addo to sign the bill into law, potentially enacting one of Africa’s most restrictive anti-LGBTQ legislations.
The unanimous decision by the seven-member panel struck down petitions brought forward by broadcast journalist and lawyer Richard Dela Sky, as well as academic Amanda Odoi. Both petitioners had sought to halt the bill’s progression, arguing that it infringed on fundamental human rights and freedoms guaranteed under Ghana’s constitution.
The bill, passed earlier this year by Ghanaian lawmakers, has faced sharp criticism from the United Nations and human rights organizations worldwide. Critics argue that the legislation violates international human rights norms and could lead to widespread discrimination and abuse of LGBTQ individuals. Under its provisions, identifying as LGBTQ could result in a three-year prison sentence, while forming or funding LGBTQ-related groups could lead to up to five years of incarceration.
Despite the international backlash, the bill has garnered significant support within Ghana. Its proponents argue that it reflects the cultural and moral values of the country, positioning it as a necessary measure to protect traditional family structures. Opposition leader and incoming president, John Mahama, has publicly expressed his endorsement of the bill, further solidifying its support within the political establishment.
President Akufo-Addo had previously delayed signing the bill into law, citing the need for the Supreme Court’s guidance on its constitutionality. With the court’s dismissal of the cases, the president now has the legal clearance to proceed. However, Akufo-Addo, whose term ends on January 7, 2025, has yet to indicate whether he will sign the bill before leaving office.
In delivering their verdict, the Supreme Court justices stated that the cases could not be reviewed at this stage, as the bill has not yet been enacted into law. This procedural stance effectively removed the immediate legal obstacle to the bill’s implementation while leaving the door open for potential challenges once it becomes law.
For Richard Dela Sky and Amanda Odoi, the ruling represents a significant setback. Both have expressed disappointment in the court’s decision but remain resolute in their commitment to fighting for human rights. “We are disheartened by the outcome but will carefully study the judgment to explore our options,” said Sky. Odoi echoed these sentiments, emphasizing the need for continued advocacy and legal resistance against what she described as a “draconian” piece of legislation.
The implications of the bill’s passage extend far beyond Ghana’s borders, as it mirrors a growing trend of anti-LGBTQ laws across Africa. Countries such as Uganda and Nigeria have already implemented harsh measures targeting LGBTQ individuals, with penalties ranging from imprisonment to, in some cases, the death penalty. Ghana’s bill, if enacted, will further cement this trajectory, raising concerns about the safety and rights of LGBTQ individuals across the continent.
The United Nations has been vocal in its opposition to the bill, warning that it contravenes international treaties to which Ghana is a signatory. In a statement earlier this year, the UN High Commissioner for Human Rights urged Ghanaian authorities to reconsider the bill, emphasizing the need to uphold human dignity and equality for all individuals, regardless of their sexual orientation or gender identity.
Domestically, the bill has sparked intense debate, polarizing public opinion. Religious leaders and conservative groups have championed the legislation, viewing it as a safeguard against what they perceive as the erosion of societal values. Conversely, human rights activists and progressive organizations have condemned the bill, warning of its potential to incite violence and perpetuate systemic discrimination against LGBTQ individuals.
Legal experts have also weighed in, highlighting the potential for prolonged legal battles should the bill become law. Constitutional lawyer Kwame Aboagye suggests that the legislation, if challenged in court post-enactment, could face scrutiny under international human rights law. “This is not the end of the road,” Aboagye remarked. “Once the bill is signed into law, there will be opportunities to challenge its provisions on various legal grounds, both locally and internationally.”
The political landscape in Ghana is also poised to influence the bill’s trajectory. With John Mahama set to assume the presidency in 2025, his support for the legislation could ensure its enforcement, even if President Akufo-Addo refrains from signing it during his remaining tenure. Mahama’s endorsement has already galvanized support among his base, signaling a continuation of the bill’s momentum under his administration.
As the nation awaits the next steps, the LGBTQ community in Ghana faces an uncertain and precarious future. Activists have expressed concerns about an increase in hate crimes and discrimination should the bill become law. Many fear that the legislation will legitimize societal prejudices, making it even more difficult for LGBTQ individuals to live openly and safely.
Despite these challenges, advocacy groups remain steadfast in their efforts to protect the rights of LGBTQ individuals in Ghana. Organizations such as the Centre for Human Rights and Civil Liberties (CHURCIL) have pledged to continue their work, both in raising awareness and providing legal assistance to those affected by the bill.
International pressure is also expected to mount, with foreign governments and global human rights organizations likely to weigh in on Ghana’s decision. The potential for economic repercussions, including reduced foreign aid and investment, could influence the country’s approach to implementing the bill.
In the meantime, the Supreme Court’s ruling has paved the way for what could be a defining moment in Ghana’s legal and cultural history. Whether or not the bill becomes law, the debate surrounding it has already reshaped the national discourse on human rights, identity, and the balance between cultural values and global norms.
For the petitioners and their supporters, the fight is far from over. As Ghana inches closer to enacting one of Africa’s most restrictive anti-LGBTQ laws, the struggle for equality and justice continues to resonate both within the nation and beyond its borders.
