The Supreme Court has dismissed a review application challenging its previous ruling on the constitutionality of Parliament’s passage of the Human Sexual Rights and Family Values Bill, widely referred to as the anti-gay bill.
The applicant, Richard Dela Sky, withdrew the application through his lawyer, Paa Kwasi Abaidoo, during proceedings on Wednesday, February 26, 2025.
As a result, the nine-member review panel, led by Justice Paul Baffoe-Bonnie, struck out the case.
However, the court expressed displeasure over Sky’s absence from the hearing.
Chief State Attorney Sylvia Adisu requested that costs be imposed on the applicant, while Justice Prof. Henrietta Mensa-Bonsu questioned the necessity of convening a full panel only for the case to be withdrawn.
Justice Samuel Adibu-Asiedu also noted that, as a lawyer, Sky should have been present.
However, Justices Emmanuel Yonny Kulendi and Issifu Omoro Tanko Amadu opposed awarding costs, highlighting the public interest nature of the case.
The Supreme Court had earlier dismissed Sky’s initial petition on December 18, 2024, affirming that the bill’s passage did not violate the Constitution. His request for a review sought to challenge that decision.
The Human Sexual Rights and Family Values Bill seeks to criminalise the promotion, advocacy, and funding of LGBTQI+ activities in Ghana.
If signed into law, individuals found supporting or facilitating such initiatives could face legal consequences.
The bill, which has sparked nationwide debate, was passed by Parliament on February 28, 2024.
While proponents argue that it upholds Ghanaian cultural and moral values, critics contend it violates fundamental human rights and could lead to discrimination and persecution.
Background
A seven-member panel, led by Justice Lovelace Avril Johnson, on December 18, unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, who had challenged the constitutionality of the Human Sexual Rights and Family Values Bill.
Sky sought a declaration that the bill, which has sparked intense national debate, was null and void. However, the court rejected his petition and upheld the constitutionality of the legislative process for the proposed anti-LGBTQI legislation.
The legal challenge also included a separate petition from equality advocate Amanda Odoi. Both Odoi and Sky argued that Parliament had failed to meet the constitutional quorum requirements outlined in Articles 102 and 104 during the legislative process, rendering the bill’s passage unconstitutional.
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