On 24 July, the Supreme Court of Ghana dismissed a case which had been brought by Dr. Obiri-Korang in 2021, challenging section 104(1)(b) of the Criminal and Offences Act 1960 which criminalises ‘unnatural carnal knowledge’. Dr. Obiri-Korang had argued that the provision violates the rights to liberty, non-discrimination and privacy as guaranteed under the Constitution.
The Court dismissed the case on all grounds, holding that section 104(1)(b) is constitutional. The Court held that the right to privacy can be compromised for the prevention of a crime. The court further held that as the provision also applies to ‘unnatural’ conduct between a man and a woman, not just to the LGBT community, it is not discriminatory. Finally, the court rejected the submission that the provision breached the right to liberty, holding that this right applies solely to free movement within a state, not personal decisions or autonomy.
The Court placed a strong emphasis on the particular traditions, values and morals of Ghanaian society, which, it held, rejects homosexuality. The Court therefore emphasised that foreign developments and jurisprudence on this issue cannot be used legalise same-sex sexual conduct, and to override Parliament and the moral fabric of Ghanaian society.
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