The Supreme Court has decided to defer the ruling on Dr. Amanda Odoi and Broadcast Journalist, Richard Sky’s injunction application regarding the transmission of the Anti-LGBTQ bill to the President.
Instead, the court will deliver its ruling concurrently with the final judgement.
Chief Justice Gertrude Torkornoo, leading a five-member panel, explained that, an expedited trial would better serve the interests of justice.
Separate rulings were issued by the Supreme Court on the two injunction applications, and the case has been adjourned indefinitely.
Broadcast Journalist Richard Dela Sky and Researcher Dr Amanda Odoi filed lawsuits challenging Parliament’s passage of the contentious Anti-gay bill.
Mr Sky contests the bill’s constitutionality under the Human Sexual Rights and Family Values Bill, seeking a declaration that it violates multiple provisions of the 1992 constitution and infringes upon fundamental human rights guaranteed by law.
Dr. Odoi raised specific concerns about certain provisions within the bill and sought a restraining order against the Speaker, the Attorney General, and the Clerk of Parliament to prevent the bill’s submission to President Akufo-Addo for approval.
During the last hearing, counsel for Amanda Odoi, Dr Ernest Ackon, argued that the bill, if ratified, would impose a direct financial burden on public funds, thereby contravening Article 108.
He also highlighted the absence of a fiscal impact assessment before the bill’s transmission.
In response, Attorney-General Godfred Yeboah Dame, representing the second respondent, contended that the Speaker’s discretion is not unrestricted by the constitution, underscoring the necessity for the Supreme Court’s decision on the injunction application.
Dr. Amanda Odoi seeks an injunction to prevent the Speaker from forwarding the bill to the President.
Thaddeus Sory, counsel for the Speaker of Parliament, representing the first defendant, argued against the applicant’s claims regarding the need for a fiscal impact assessment, asserting that such requirements are not stipulated by the constitution, especially when the bill does not explicitly propose charges to the consolidated fund.
He noted that the substance of the interim injunction did not significantly differ from a previous one filed by the plaintiffs and dismissed by the courts.
Furthermore, he contended that the ongoing process of transmitting the bill from the Speaker of Parliament to the President for assent falls outside the jurisdiction of the Supreme Court, urging the court to dismiss the application.
Under the leadership of Chief Justice Gertrude Torkonoo, the Supreme Court is currently deliberating on the Richard Dela Sky case.