ghana supreme court

Supreme Court Rejects Petition Challenging Constitutionality of Anti‑LGBTQI Bill

The Supreme Court of Ghana, in a unanimous decision, has dismissed a legal challenge brought by broadcast journalist and lawyer Richard Dela Sky against the Human Sexual Rights and Family Values Bill. In a ruling delivered on December 18, 2024, a seven‑member panel led by Justice Lovelace Avril Johnson upheld the constitutionality of the legislative process surrounding the controversial bill. The proposed law seeks to criminalize LGBTQI advocacy and related activities, and has generated widespread public debate across the country.

The Court determined that the bill cannot be subjected to constitutional review at this stage, as it has not yet been enacted into law. Justice Lovelace Johnson explained that a bill only becomes eligible for constitutional scrutiny after receiving presidential assent. Until then, it remains a proposal and does not carry the legal status required for such review. Richard Dela Sky, supported by equality advocate Amanda Odoi, had argued that the legislative process violated quorum requirements outlined in Articles 102 and 104 of Ghana’s Constitution. They contended that these procedural concerns rendered the bill unconstitutional. However, the Court rejected these arguments, stating that legislative procedures cannot be challenged unless they result in enforceable legislation.

The Human Sexual Rights and Family Values Bill remains one of the most divisive legislative proposals in recent years. Supporters argue that it is necessary to protect Ghanaian cultural values and strengthen family systems. Critics, including human rights organizations, have raised concerns that the bill restricts fundamental freedoms, including freedom of expression, association, and equality before the law. If enacted, the bill would introduce strict penalties for individuals who promote, fund, or provide support—directly or indirectly—to LGBTQI‑related activities. Its continued progression has intensified national discussions around the balance between cultural values and the protection of human rights in Ghana.