The Judicial Service of Ghana (JSG) has clarified the current status of the ongoing legal battles surrounding the Anti-LGBTQ+ Bill, stating that the involved parties have not completed the necessary preparations required for a Supreme Court hearing.
This announcement comes in response to increasing public attention on the case, particularly following reports of plans to protest against the Chief Justice.
One of the bill’s sponsors, the Member of Parliament for Ningo-Prampram, has expressed frustration over the delay in progressing the case, which concerns the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The MP and others supporting the bill have planned a protest march, scheduled for September 17, 2024, dubbed the ‘Family Values March.’ This demonstration will be aimed at the Chief Justice, with the protestors demanding clarity and action on the legal proceedings that have been pending before the Supreme Court.
The catalyst for the protest came from the Supreme Court’s decision on July 17, 2024, to defer ruling on an interlocutory injunction related to the bill. This injunction was intended to prevent Parliament from sending the bill to the President for assent while the substantive case remains unresolved. According to the MP, the Chief Justice’s handling of the case has been a “deliberate and malicious” effort to stall the bill’s passage into law, further fueling the motivation behind the planned protest.
However, in an official statement issued on Friday, the JSG provided a detailed timeline of the legal process, explaining that certain procedural steps have yet to be completed by the involved parties, which is causing the delay. The case, which has attracted widespread public interest, was initiated by two main complaints – one by Richard Sky and the other by Dr. Amanda Odoi.
According to the JSG, Richard Sky’s case began with a writ filed on March 5, 2024. As of the Supreme Court’s recess on July 31, 2024, neither Parliament, named as the first defendant, nor the Attorney General, the second defendant, had filed their respective defenses. These defenses, formally referred to as Statements of Case, are required for the legal proceedings to move forward. Without these filings, the Supreme Court cannot proceed to the next stage, which involves the submission of a Memorandum of Issues by all parties. This document outlines the key points of contention for trial and is essential for the court to establish a clear path to resolving the case.
The JSG noted that in Sky’s case, the process has reached a standstill because neither defendant has yet completed their Statement of Case. Without this, the court cannot move forward. This gap in the legal process is one of the main reasons why a hearing by the Supreme Court has not yet been scheduled.
In the case of Dr. Amanda Odoi against the Speaker of Parliament and the Attorney General, which was filed on June 11, 2023, similar delays have occurred. According to the JSG, while Parliament has filed its Statement of Case on March 14, 2024, the Attorney General has not yet done so. As in Sky’s case, the trial cannot proceed until all Statements of Case are submitted, and a joint or individual Memorandum of Issues is filed by the involved parties.
The JSG emphasized the critical role these procedural steps play in ensuring a fair and transparent trial, and that no hearing can take place until they are completed. It added that the Memorandum of Issues is a necessary document for the Supreme Court to properly conduct the trial, as it provides a structured outline of the specific issues the court needs to address. Without it, the legal process remains incomplete.
Despite the frustrations voiced by the bill’s sponsors and supporters, the JSG assured the public that the delay is procedural and not intentional. The registries of the Supreme Court, Court of Appeal, and High Courts remain open during the legal vacation, as well as during Christmas and Easter vacations, to receive any documents or processes that need to be filed. This ensures that the legal machinery continues to function even during recess periods, offering an opportunity for the parties to file the required documents without unnecessary delays.
In the midst of these developments, the planned Family Values March is set to draw further attention to the case. The march is seen as a show of public support for the swift passage of the Anti-LGBTQ+ Bill, reflecting the strong societal views on the issue of LGBTQ+ rights in Ghana. The protest aims to pressure the judiciary to expedite the hearing process, although the JSG has maintained that the delay stems from the parties involved not completing their required filings.
The Anti-LGBTQ+ Bill has sparked significant debate in Ghana, both among lawmakers and the general public. While its sponsors argue that the bill is necessary to preserve Ghanaian family values and protect against what they see as the erosion of traditional norms, critics argue that the bill violates basic human rights and could lead to discrimination and persecution of LGBTQ+ individuals.
As the legal case unfolds, the JSG’s statement seeks to provide clarity on the current status of the case and the reasons behind the delay. The judicial process is expected to continue once all procedural requirements are met, with the Supreme Court ultimately tasked with making a ruling on the constitutionality of the bill and its associated legal challenges.
