On 18 December, the Supreme Court of Ghana dismissed two cases challenging the Human Sexual Rights and Ghanaian Family Values Bill 2021 (“the Bill”). The Bill was passed by Parliament in 2024 but had not yet received presidential assent
The Court dismissed the case brought by Dr. Amanda Odoi against the Speaker of Parliament and the Attorney General. Dr. Odoi had contended that under Section 108 of the Ghanaian Constitution the Speaker, acting as the presiding officer during parliamentary proceedings, was obliged to provide an opinion on whether the Bill imposed a charge on public funds. Odoi argued that this required an objective evaluation of the Bill’s fiscal implications, as the Speaker could not reasonably determine its compliance with Article 108 without such an assessment, and that the failure to conduct this evaluation or provide an opinion was unconstitutional.
The Supreme Court held that the claim was premature as the Bill remained a Bill and had not yet received presidential assent. The appropriate time to challenge its constitutional validity would be after it had received Presidential assent and been enacted.
Read Judgment
