Lawyers for Researcher, Dr Amanda Odoi, have justified the request for an interlocutory injunction restraining Parliament from transmitting the controversial anti-gay bill to the President for assent or otherwise.
According to lead counsel, Ernest Arkoh, the bill which is a private member’s bill will impose a charge on the public purse.
He argues that per the dictates of Article 108 of the 1992 constitution, Parliament is constrained because the bill impacts or has financial implications for the Consolidated or other Public Funds and therefore must be introduced by the President or on his behalf.
Addressing the court during today’s hearing, the lawyer stressed that the damage that would be caused should the bill be transmitted to the President and assented cannot be compensated for.
He insists that only an interlocutory injunction will stop Parliament from transmitting the bill to the President since the House has attempted to do so despite the lawsuits.
Mr Ernest Arkoh told the court that irreparable harm would be caused to members of the LGBTQ community should the court refuse the present injunction application.
“Some people thought that the bill had become law when the bill was passed by Parliament. Some people even suffered violence as a result of this. The dignity of the individual would be affected should the application be rejected,” he explained.
The plaintiff, Dr Amanda Odoi who is a Researcher at the University of Cape Coast, and media personality, Richard Sky are challenging the constitutionality of the Human Sexual Rights and Family Values Bill.
While Mr Richard Sky is asking the court to declare the bill null and void because he believes it breaches several provisions of the 1992 constitution and violates the country’s laws and the fundamental human rights guaranteed by the constitution, Dr Odoi is seeking a restraining order to prevent the Speaker, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for his approval.
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