The Ghanaian Supreme Court denied the Speaker of Parliament’s attorney Thaddeus Sory’s preliminary objection in a case involving the divisive Human Sexual Rights and Family Values Bill, also known as the anti-LGBTQ+ bill. The issue concerned a legal tactic used by Richard Sky’s attorneys to modify a remedy granted in connection with a move for an injunction against the bill. According to Thaddeus Sory, the proposed revision would go against the concerns he had previously voiced and listed in the documents that were filed.
In a live session on May 8, Chief Justice Gertrude Torkornoo chastised the Speaker’s attorneys sharply and voiced her displeasure with the way the preliminary objection was handled in court. She expressed her dissatisfaction with Sory’s reasoning by saying, “You have taken our time and energy for nothing.”
The preliminary objection was further criticized by Chief Justice Torkornoo for being unsubstantiated and irrelevant to the proceedings. She stressed that each party appearing before the court has an inherent right to present their case in a way that best explains the issues in question. “The preliminary objection is pointless and does not attempt to aid any procedure before this court,” the bench thoughtfully stated. This led to the objection’s dismissal.
After the dismissal, Richard Sky’s application was granted by the Supreme Court, enabling him to modify the reliefs he had requested in his lawsuit contesting the validity of Parliament’s conduct in passing the measure. This ruling is a significant step forward in the legal struggles surrounding the bill, which have generated intense discussion and controversy both inside and outside of Ghanaian society.
The court also heard a companion lawsuit brought by researcher Dr. Amanda Odoi, who is likewise contesting the anti-LGBTQ+ bill’s passage on comparable grounds. These instances, which highlight the legislation’s important legal and social ramifications, are a part of a larger legal investigation into the bill’s compliance with human rights and constitutional liberties.
The resolution of these legal disputes may have a significant impact on Ghana’s legislative environment, especially with regard to the rights and safeguards afforded to LGBTQ+ people. Both advocates and opponents of the measure are anxiously awaiting the Supreme Court’s rulings in these cases because they will establish significant rules for how the nation treats the rights of sexual minorities.
