Ghana’s Supreme Court Rejects Legal Challenges Against Anti-LGBT Legislation

The Supreme Court of Ghana has unanimously rejected two legal petitions contesting recently enacted anti-LGBT legislation, which has drawn criticism from human rights organizations. Earlier in the current year, legislators approved a measure that mandates a three-year prison sentence for individuals identifying as LGBT and a five-year sentence for establishing or financially supporting LGBT organizations. The LGBT community in Ghana, which already experiences restricted rights, has been affected by apprehension and uncertainty. The United Nations has denounced the bill, which is regarded as one of the most severe anti-LGBT statutes in Africa. Amanda Odoi and Richard Dela-Sky initiated distinct legal actions against the proposed law, seeking to have it declared unlawful and to stop President Nana Akufo-Addo from enacting it. President Akufo-Addo postponed signing the legislation subsequent to these challenges. He stated his intention to await the Supreme Court’s determination. However, after a period of several months for deliberation, the justices determined that the matter could not be examined until the president had formally signed it into law. Justice Avril Lovelace-Johnson, as reported by Reuters news agency, stated, “Until there’s presidential assent, there is no act.” Justice Lovelace-Johnson further noted that the two petitions were “unanimously dismissed”. Lawyers representing Ms Odoi and Mr Sky informed Reuters that they were dissatisfied with the court’s decision and planned to assess their alternatives after reviewing the complete judgment. The new legislative proposal, officially named The Proper Human Sexual Rights and Ghanaian Family Values bill, received support from both of Ghana’s primary political factions. Nevertheless, Mr Sky asserted that an insufficient number of Members of Parliament were present in the chamber during the vote. President Akufo-Addo, whose two-term tenure concludes on 7 January, has not yet disclosed his intentions regarding the bill. John Mahama, the leader of the opposition and winner of this month’s presidential election, has voiced his backing for the legislation. Should it be enacted, the law is anticipated to encounter additional legal challenges. In this conservative West African nation, homosexual acts are already subject to penalties of up to three years in prison. However, according to Abena Takyiwaa Manuh, a senior fellow at the Accra-based Centre for Democratic Governance, this proposed legislation has already impacted the LGBT community. Reuters quoted him stating, “Even without the passage of the bill, people have been attacking members of a certain community,” adding, “This kind of formalism actually put at risk the life and health of certain members of the community, and of course some of us who are human rights defenders.” The legislation was initially presented to parliament in 2021 but encountered numerous postponements. Upon its approval, the contentious bill drew censure from the finance ministry, which cautioned that Ghana stood to forfeit approximately $3.8bn (£3bn) in World Bank funding over the subsequent five to six years if the bill became law.