Ghana Supreme Court rejects legal challenges to anti-LGBT bill
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On Wednesday, Ghana’s Supreme Court dismissed two legal challenges against one of Africa’s most restrictive anti-LGBT laws, clearing the way for President Nana Akufo-Addo to sign it into law. The bill, which has been under scrutiny for months, was passed by the country’s parliament in February. It introduces stricter measures against the rights of LGBT individuals and those who promote non-conventional sexual and gender identities.
Despite the unanimous approval in parliament, President Akufo-Addo had delayed signing the bill into law, awaiting the outcome of two challenges filed at the Supreme Court. The petitioners, lawyers Amanda Odoi and Richard Sky, argued that the bill was unconstitutional and should be blocked before it could be enacted. However, in a televised ruling, Justice Avril Lovelace-Johnson, speaking on behalf of the seven-member panel, stated that the cases were premature.
“The cases are premature because there is no act yet. Until the president signs the bill into law, there is no legislation to challenge,” Justice Lovelace-Johnson explained. The court’s decision was unanimous, and both challenges were dismissed.
Odoi and Sky, the lawyers behind the legal challenges, expressed disappointment in the ruling. They said they would review the full judgment before determining their next steps. The legal team’s reaction reflects broader concerns about the potential implications of the law, which is considered one of the harshest anti-LGBT measures in Africa.
The bill, which has drawn support from a coalition of Christian, Muslim, and traditional Ghanaian leaders, goes far beyond existing laws. Homosexual acts were already punishable by up to three years in prison in Ghana. Under the new legislation, those found guilty of “willfully promoting, sponsoring, or supporting LGBTQ+ activities” could face prison terms of up to five years. This provision has drawn widespread condemnation from human rights groups, who argue it will encourage further discrimination and violence against LGBT individuals in the country.
While the bill has overwhelming support within Ghana, it has faced significant opposition internationally. Critics have warned that the law could undermine Ghana’s economic prospects, particularly in relation to international aid and financing. The country is currently facing an economic crisis and is seeking financial assistance, including a $3-billion loan from the International Monetary Fund (IMF) and a $3.8 billion package from the World Bank. However, both institutions have warned that the anti-LGBT law could jeopardize these crucial funds, potentially making it more difficult for Ghana to recover economically.
Despite these warnings, supporters of the bill remain resolute in their stance. Many believe the legislation is necessary to uphold the country’s traditional values and protect its citizens from what they view as harmful foreign influences promoting LGBT rights. “This bill is a strong statement of our values. It’s a stance we need to take as a country,” said one lawmaker in support of the bill’s passage.
However, the ruling also prompted concerns among human rights advocates, especially those working on behalf of the LGBT community in Ghana. Abena Takyiwaa Manuh, a senior fellow at the Centre for Democratic Governance in Accra, expressed her fears for the future of LGBT people in the country. She warned that the ruling emboldened those who might take matters into their own hands, potentially leading to increased harassment and violence.
“This decision puts the lives and health of the LGBT community in further jeopardy,” said Manuh. “It’s not just about the law, but about the real-world consequences for those who are already marginalized. People can now act with impunity.”
The Ghanaian government has been under pressure to balance its cultural and religious values with international expectations on human rights. While the court’s ruling is a major step forward for the bill’s proponents, it underscores the growing tension between Ghana’s national sovereignty and its global relationships, especially regarding human rights and economic cooperation.
As the bill now heads toward presidential assent, the world will be watching closely to see if Ghana’s economic relationships will be impacted by the continued crackdown on LGBT rights. The challenges may not be over yet, but for now, the law stands poised to become a significant milestone in Ghana’s legal and social landscape.
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