The Supreme Court will today sit on the two lawsuits filed by Broadcast Journalist, Richard Dela Sky, and Researcher, Dr Amanda Odoi challenging the passage of the Anti-LGBTQ+Bill and its possible assent.

Today’s (Wednesday, July 3) sitting would be the second time the Apex Court would be sitting on the matter with the first hearing taking place on May 8.

The two controversial lawsuits have since stopped the Bill passed by Parliament from being transmitted from Parliament to the Presidency for President Nana Addo Dankwah Akufo-Addo to assent to it possibly.

Richard Sky, also a private legal practitioner, and Dr Amanda Odoi, a researcher at the University of Cape Coast are challenging the constitutionality of the passage of the anti-LQBTQ+Bill which has been passed by Parliament.

But, President Nana Akufo-Addo had since declined to receive the bill from the law-making chamber pointing to the two pending cases at the Supreme Court as the basis.

According to EIB Network Legal Affairs Correspondent, Murtala Inusah, the two cases would be televised on television, radio, and other media platforms following the Chief Justice’s directives.

What happened on May 8?

On May 8, when the case was called for the first time, the Supreme Court ordered the lawyers of Richard Sky, the Plaintiff in one of the two cases challenging the passage of the anti-LQBTG+Bill to file a fresh motion by May 17.

The panel of five chaired by Chief Justice Gertrude Sackey Torkornoo further directed Mr Sky and his lawyers to file fresh supporting affidavits and statements of case.

The order of the Apex Court was after lawyers of the Plaintiff led by Paa Kwesi Abaidoo filed two separate applications which sought leave to amend one of their reliefs and another to file a supplementary affidavit to their application for interlocutory injunction.

But, while the Attorney General, Godfred Yeboah Dame, opposed the request for leave to file a supplementary affidavit, lawyers of the Speaker of Parliament led by Thaddeus Sory urged that a fresh motion paper rather be filed to clean the processes which the apex Court agreed with him.

The Apex Court then directed the Plaintiff and his lawyers to file fresh processes by May 17, 2024, while the matter was adjourned indefinitely.

Subsequently, a hearing notice was issued to the parties with the hearing fixed for Wednesday, July 3, 2024.

Dr Amanda Odoi’s case

In the other case filed by a Researcher at the University of Cape Coast, Dr Amanda Odoi, the Apex Court has directed the Speaker to re-file his application seeking leave to file supplementary affidavits within 7 days.

The Supreme Court while making that directive urged Counsel to be mindful of the choice of words deployed as it was unhappy with the wording of the initial one.

Panel

The Chief Justice’s led panel also has Justice Mariama Owusu, Justice Prof Henrietta Mensa-Bonsu, Justice Ernest Gaewu, and Justice Yaw Darko Asare.

Reliefs sought

Among the reliefs sought in Richard Sky’s writ is an order restraining the Speaker of Parliament and the Clerk to Parliament from presenting The Human and Sexual Values Bill, 2024 to the President of the Republic for his assent.

The Plaintiff is also asking the Court for an order restraining the President of the Republic from assenting to The Human and Sexual Values Bill, 2024, as such action will directly contravene the Constitutional safeguards of the liberties and rights of Ghanaians.

“An injunction barring any attempts to enforce the provisions of The Human Sexual Rights and Family Values Bil 2024, particularly those criminalizing same-sex relationships and related advocacy efforts,” he asked.