The Attorney General, Godfred Yeboah Dame says Parliament should not have entertained the anti-LGBTQ bill based on the provisions in it.
According to Mr Dame, the Human Sexual Rights and Family Values Bill imposes charges on the consolidated fund or other public funds, and therefore ought not to have been introduced as a Private Member’s Bill.
He cited Article 108 of the Constitution to back his stance.
Arguing his point during Wednesday’s hearing, the AG explained that the conditions needed for dealing with the bill were also not satisfactory.
He said there was a prerequisite action that was supposed to have been done by Parliament, and if that is missed, it renders the entire bill and its processes null and void.
The Attorney General is therefore urging the apex court to grant the injunction application filed by researcher Dr Amanda Odoi and media personality, Richard Dela Sky against the transmission of the bill to the President and his possible assent to it.
Currently, there are two lawsuits before the Supreme Court challenging the passage of the anti-LGBTQ+ bill passed by Parliament.
In his suit, Richard Dela Sky is challenging the constitutionality of Parliament in passing the “Human Sexual Rights and Family Values Bill.”
The Plaintiff, who is seeking the apex court to declare the bill null and void, also argues that the passage of the bill violates provisions of the 1992 Constitution particularly Article 33(5) as well as Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e).
Mr Sky is seeking eight reliefs including an order that “the Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass ‘The Human Sexual Rights and Family Values Bill, 2024’ into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.”
On her part, Dr Odoi has raised concerns about specific provisions in the Human Sexual Rights and Family Values Bill.
She is also 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.
The Supreme Court has set July 17, to rule on the applications being sought.
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