In a challenge that has gripped the nation, Ghanaian journalist Richard Dela Sky has initiated a lawsuit against the country’s Parliament at the Supreme Court concerning the highly debated Anti-LGBTQ+ bill, officially passed by lawmakers on February 28, 2024. This legislation, which has sparked widespread discussions and concerns within and beyond Ghana’s borders, is at the center of an intensifying confrontation between cultural values, human rights, and international diplomacy.
The bill, which proposes stringent penalties ranging from three to five years in prison for individuals found guilty of promoting or sponsoring LGBTQ+ activities, and a minimum sentence of six months to a maximum of three years for those “caught in the act,” has been met with significant resistance. Dela Sky’s legal action seeks to halt the progression of what he deems an unconstitutional measure, urging the Supreme Court to restrain President Akufo-Addo from granting his assent to the bill and preventing Parliament’s Speaker and the Clerk from proceeding with the bill’s presentation for presidential approval.
At the heart of Dela Sky’s challenge is the argument that the bill infringes upon the constitutional rights to freedom of speech, expression, and association, particularly for LGBTQ+ individuals. Furthermore, the journalist’s writ underscores the bill’s potential financial implications on the Consolidated Fund or other public funds of Ghana, raising concerns about the fiscal responsibility and sovereignty of legislative actions.
The bill’s proponents, such as Member of Parliament for Ningo-Prampram, Sam George, defend its constitutionality, asserting it addresses social issues within the legislative purview of Parliament without overstepping constitutional boundaries. Nonetheless, the Finance Ministry has sounded the alarm on the economic fallout from the bill’s enactment, warning of a potential loss of $850 million in budget support from the World Bank in the current year alone, with long-term financial repercussions amounting to $3.8 billion in lost World Bank financing over the next five to six years.
This financial jeopardy places Ghana at a crossroads, challenging the country to balance its legislative autonomy against the economic stability and international partnerships critical to its development agenda. The President’s decision to withhold his assent pending the Supreme Court’s ruling reflects the complexity of this issue, underscoring the need for a careful consideration of the bill’s constitutional, social, and economic impacts.
Amid this legal and legislative turmoil, voices from both sides of the debate have emerged. Some Members of Parliament, expressing frustration over the Finance Ministry’s cautionary stance, have called for public demonstrations in support of the bill, emphasizing its importance in safeguarding Ghana’s cultural values and independence from external pressures. Meanwhile, a coalition of 18 civil society organizations, dubbed the ‘Big 18’, has rallied behind Dela Sky’s legal challenge, criticizing the bill as an infringement on Ghana’s diverse cultural and religious landscape.
The international community, particularly the United States, has also weighed in, cautioning against the bill’s potential to undermine Ghana’s economic growth and diplomatic relations. As Ghana finds itself at the epicenter of a global conversation on LGBTQ+ rights, the Supreme Court’s forthcoming decision will not only determine the fate of the Anti-LGBTQ+ bill but will also signal Ghana’s stance on human rights, legislative sovereignty, and its commitment to inclusive development in an increasingly interconnected world.
In summary, this lawsuit represents more than a legal challenge against a single piece of legislation; it is a pivotal moment in Ghana’s democratic journey, testing the resilience of its constitutional safeguards, the inclusivity of its social policies, and the integrity of its international commitments. As the nation awaits the Supreme Court’s verdict, the outcome of this case will undoubtedly have profound implications for Ghana’s legislative process, societal values, and place within the global community.
