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Anti – LGBTQ Bill: Supreme Court Dismisses Injunction Application.

Parliament approves 3 to 5-Year Sentences for Promotion of LGBTQI+

The Speaker of Parliament’s decision to allow a bill criminalizing LGBTQ to proceed in Parliament will not be stopped, as the Supreme Court has dismissed an injunction application seeking to halt the process. In a unanimous ruling on Wednesday, a nine-member panel of the apex court, led by Chief Justice Gertrude Torkornoo, concluded that the applicant failed to present sufficient evidence to warrant the granting of an injunction.

Justice Torkornoo, delivering the court’s decision, stated that there was no compelling reason to impose an injunction on an unfinished legislative process in Parliament, particularly considering that the substantive case challenging the bill would address the concerns raised by the applicant.

Metro Lens

As a result of the court’s dismissal of the injunction application, lawyers representing the applicant, Dr. Amanda Odoi, withdrew a contempt application against Speaker Alban Bagbin. Dr. Odoi had sought to hold the Speaker of Parliament in contempt for allowing the bill’s proceedings despite the injunction application. With the withdrawal of the contempt application, the apex court dismissed it as withdrawn.

Dr. Odoi, an academic researcher, is challenging the constitutionality of the Human Sexual Rights and Ghanaian Family Values Bill, which aims to criminalize LGBTQ practices and any activities promoting them in the country. Her argument is based on the contention that the Speaker of Parliament violated Article 108 of the 1992 Constitution by failing to express an opinion on whether the bill, if implemented, would have financial implications for the country through charges on the consolidated fund.

Consequently, Dr. Odoi is seeking a declaration from the Supreme Court that the Speaker’s actions contravene Article 108 of the 1992 Constitution and an order restraining the Speaker or his deputies from violating this constitutional provision.

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