June 20, 2024
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High Court denies request to compel Akufo-Addo to receive anti-LGBTQ+ bill

The High Court in Accra has dismissed an application seeking to compel President Akufo-Addo to accept the transmission of the anti-LGBTQ bill approved by Parliament.

This is in relation to a judicial review application filed by South Dayi MP, Nelson Rockson Dafeamekpor. The legislator sought to exercise its powers of mandamus and cause parliament to transmit the bill and compel the president to accept it for consideration.

The Attorney General in his affidavit in opposition to the application prayed the court to dismiss the application as a ruling in favour will mean the High Court will be overarching its powers.

The court presided over by Justice Ellen Lordina Serwaa Mireku in her ruling on the matter noted that the pending applications at the Supreme Court make it inappropriate for the instant application to be granted.

Mr Dafeamekpor on March 25 filed a writ seeking several declarations and orders regarding the powers of the President under the 1992 Constitution of Ghana.

The NDC MP among other things, asked for a declaration that, according to Article 106(1) and (7) of the Constitution, a President can only assent to or refuse to assent to a bill within seven days, unless the bill has been referred to the Council of State.

He was also seeking a declaration that the President cannot prevent Parliament from transmitting a bill that has been passed to him.

Again, the MP wanted a declaration that a letter dated March 18, 2024, addressed to the Clerk of Parliament and signed by the Secretary to the President, Nana Bediatuo Asante, is in contravention of the Constitution, hence the President must withdraw the letter.

Parliament passed the Proper Human Sexual Rights and Ghanaian Family Values Bill, on Wednesday, February 28.

Among other things, the bill punishes those who take part in LGBTQ sexual acts, as well as those who promote the rights of gay, lesbian or other non-conventional sexual or gender identities with time in prison.

Meanwhile, Nii Kpakpo Somoa Addo who is the lawyer for Rockson-Nelson Dafeamekpor has served notice of appealing the ruling

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