Anti-Gay Bill: Supreme Court strikes out Richard Sky’s review application
The Supreme Court has dismissed a review application challenging its earlier judgment on the constitutionality of Parliament’s passage of the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill.
This decision came after the applicant, Richard Dela Sky, withdrew his application through his lawyer, Paa Kwasi Abaidoo, during the session on Wednesday, February 26, 2025.
The nine-member review panel, presided over by Justice Paul Baffoe-Bonnie, officially struck out the case following the withdrawal. However, the bench expressed dissatisfaction with Sky’s absence from the proceedings.
Chief State Attorney Sylvia Adisu requested the court to impose costs on the applicant. Justice Prof. Henrietta Mensa-Bonsu questioned the fairness of convening nine Justices only for the application to be withdrawn, while Justice Samuel Adibu-Asiedu suggested that, as a lawyer, Sky should have been present in court.
Conversely, Justices Emmanuel Yonny Kulendi and Issifu Omoro Tanko Amadu opposed awarding costs, noting the public interest nature of the case. Ultimately, the panel struck out the case as withdrawn, with the presiding judge voicing strong disapproval of the applicant’s absence.
This development follows the Supreme Court’s unanimous dismissal of Sky’s initial petition on December 18, 2024, which challenged the constitutionality of the legislative process concerning the anti-gay bill.
The court upheld the bill’s constitutionality, leading to Sky’s subsequent review application.
The Human Sexual Rights and Family Values Bill seeks to criminalize activities related to the promotion and advocacy of LGBTQI+ rights in Ghana. If enacted, the law would impose penalties on individuals who fund or support LGBTQI+ initiatives, as well as those who offer indirect assistance to such efforts.
The bill has been a focal point of national debate, with proponents arguing it reflects cultural and moral values, while opponents contend it infringes on human rights and could lead to discrimination and persecution of LGBTQI+ individuals.
On February 28, 2024, Parliament passed the Human Sexual Rights and Family Values Bill, a bipartisan private member’s bill.
Background
A seven-member panel, led by Justice Lovelace Avril Johnson, on December 18, unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, who had challenged the constitutionality of the Human Sexual Rights and Family Values Bill.
Sky sought a declaration that the bill, which has sparked intense national debate, was null and void. However, the court rejected his petition and upheld the constitutionality of the legislative process for the proposed anti-LGBTQI legislation.
The legal challenge also included a separate petition from equality advocate Amanda Odoi. Both Odoi and Sky argued that Parliament had failed to meet the constitutional quorum requirements outlined in Articles 102 and 104 during the legislative process, rendering the bill’s passage unconstitutional.
Supreme Court Ruling
The Supreme Court dismissed both petitions, ruling that the bill had not yet become law. Justice Lovelace Johnson explained that until a bill receives presidential assent, it does not constitute an enactment subject to judicial review for constitutionality.
The decision reinforces the court’s position that legislative processes cannot be challenged on constitutional grounds until they result in enforceable law.
