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. One case was brought by Richard Sky against the Parliament of Ghana and the Attorney General challenging the constitutionality of the Bill. This case argued that the Bill violated several constitutional provisions, both procedural and substantive, in relation to its passage through Parliament and fundamental human rights. In his writ, Sky argued that on this basis the Bill was unconstitutional and sought for it to be struck down.
The Supreme Court unanimously held that Sky’s writ failed to properly invoke its exclusive jurisdiction. The Court reasoned that as the Bill had not yet become law judicial intervention at this stage would be premature, as the Court’s interpretative and enforcement authority is to be exercised when a law has been fully enacted and its constitutional validity can be properly assessed. The Court therefore concluded that the action lacked merit and dismissed the case.
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