Ghana's Supreme Court Upholds Anti-LGBTQ Legislation Amid Controversy

 

Ghana’s Supreme Court on Wednesday, December 18, dismissed two legal challenges seeking to overturn the contentious Sexual Rights and Family Values Bill, which imposes strict penalties on LGBTQ activities. The ruling comes as the bill awaits ratification by outgoing President Nana Akufo-Addo, sparking both local support and international criticism.

The bill, passed by lawmakers in February, criminalizes LGBTQ relationships, with penalties ranging from six months to three years in prison. While widely supported by the public in Ghana’s socially conservative society, the legislation has drawn significant backlash from international organizations and human rights advocates.

The proposed law will take effect only after receiving presidential assent. President Akufo-Addo, whose term ends on January 7, has previously stated that he would decide on the bill after the Supreme Court’s ruling on its constitutionality.

In a unanimous decision, the seven-member panel, led by Judge Avril Lovelace-Johnson, ruled that the court could not intervene in a matter that had not yet become law.

“It will be premature for this court to exercise its interpretive and enforcement jurisdiction to intervene. Consequently, the action fails,” Lovelace-Johnson stated.

She emphasized that without presidential approval, the court had no grounds to use its supervisory jurisdiction.

The court’s decision followed lawsuits filed by broadcaster Richard Dela-Sky and university researcher Amanda Odoi, who questioned the bill’s alignment with Ghana’s constitution. Critics argue that the legislation violates fundamental human rights, including freedoms enshrined in the country’s legal framework.

The bill has also drawn international scrutiny, with the United States and other nations expressing concern. Ghana’s finance ministry has warned that enacting the law could jeopardize access to billions of dollars in World Bank funding.

As the nation awaits President Akufo-Addo’s decision, the bill continues to spark debate about human rights and Ghana’s standing in the global community. Advocates for LGBTQ rights argue that the legislation represents a step backward for equality, while supporters view it as a defense of traditional values.

The outcome could have far-reaching implications for Ghana’s international relations, particularly regarding aid and funding, and will define the legacy of Akufo-Addo’s administration in its final days.