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The Supreme Court has scheduled July 17, 2024, to rule on two lawsuits challenging Parliament’s passage of the controversial anti-gay bill. These lawsuits were filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi.

Mr. Sky is contesting the constitutionality of the Human Sexual Rights and Family Values Bill, arguing that it breaches several provisions of the 1992 constitution and violates the fundamental human rights guaranteed by it.

Dr. Odoi, expressing concerns about specific provisions of the bill, seeks a restraining order to prevent the Speaker, the Attorney General, and the Clerk of Parliament from forwarding the bill to President Akufo-Addo for approval.

Chief Justice Gertrude Torkornoo announced that the two cases would not be consolidated, with separate rulings to be delivered. This decision followed a request by Attorney-General Godfred Yeboah Dame.

Counsel for Dr. Odoi, Dr. Ernest Ackon, argued that the bill, if approved, would impose a direct charge on public funds, violating Article 108. He also noted the absence of a fiscal impact analysis before the bill was sent to the President.

Attorney-General Dame, the second respondent, contended that the Speaker’s discretion is not unconstrained by the constitution, thus justifying the Supreme Court’s deliberation on the injunction application.

Dr. Odoi seeks an injunction to stop the Speaker from transmitting the bill to the President. Thaddeus Sory, counsel for the Speaker of Parliament, argued that the applicant’s claims regarding the need for a fiscal impact analysis were unsupported by the constitution, especially as the bill did not explicitly state it would impose a charge on the consolidated fund. He also noted that the substance of the interlocutory injunction was not significantly different from a previous one filed by the plaintiffs and dismissed by the courts.

Sory further argued that the process of transmitting the bill from the Speaker of Parliament to the President for assent is ongoing and thus not within the jurisdiction of the Supreme Court to deliberate. He called on the court to dismiss the application.

The Supreme Court, chaired by Her Ladyship Gertrude Torkonoo, is currently hearing the Richard Dela Sky case.

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