Ghana Supreme Court Rejects Challenges to Anti-LGBT Bill
The Supreme Court of Ghana on Wednesday dismissed two separate legal challenges to a controversial anti-LGBT bill, clearing the way for President Nana Akufo-Addo to sign it into law. The legislation, considered one of Africa’s most restrictive on LGBTQ+ rights, has drawn significant international criticism and raised concerns among human rights advocates.
The bill, unanimously approved by Ghana’s parliament in February, expands punitive measures against LGBTQ+ individuals and those supporting or promoting non-conventional sexual or gender identities. While gay sex was already criminalized with a penalty of up to three years in prison, the new law introduces harsher provisions, including up to five years in prison for the “wilful promotion, sponsorship, or support of LGBTQ+ activities.”
President Akufo-Addo delayed signing the bill into law, pending challenges filed at the Supreme Court by lawyers Amanda Odoi and Richard Sky. The plaintiffs argued that the legislation violated Ghana’s constitution and sought to block its enactment.
In a televised ruling, Justice Avril Lovelace-Johnson, speaking on behalf of the seven-member panel, declared the cases premature, stating, “Until there’s presidential assent, there is no act.” She added that the court had unanimously dismissed the challenges.
Lawyers for the plaintiffs expressed disappointment with the ruling, indicating they would review the full judgment to determine their next steps.
The bill, sponsored by a coalition of Christian, Muslim, and traditional leaders in Ghana, has faced criticism for potentially jeopardizing international financial assistance. The Ministry of Finance previously warned that the legislation could threaten $3.8 billion in World Bank funding and a $3-billion loan package from the International Monetary Fund, critical to addressing Ghana’s economic crisis.
Critics of the bill argue that its enforcement could exacerbate risks faced by LGBTQ+ individuals and human rights defenders.
“This decision puts at risk the lives and health of members of the [LGBTQ+] community and those of us who are human rights defenders,” said Abena Takyiwaa Manuh, a senior fellow at the Accra-based Centre for Democratic Governance, speaking outside the court.
Despite the backlash, supporters of the bill continue to press for its promulgation, describing it as a necessary measure to uphold cultural and moral values in the West African nation. The president’s next move on the contentious legislation remains highly anticipated.
