Anti-LGBTQI Bill: Supreme Court dismisses injunction application against Speaker Bagbin
The plaintiff had filed a suit challenging the Speaker's direction for the anti-LGBTQI bill to be considered despite ignoring a Constitutional requirement and an opinion by the Attorney General
A nine-member panel of the Supreme Court has dismissed an injunction application filed by a researcher, Amanda Odoi.
The plaintiff had filed a suit challenging the Speaker's direction for the anti-LGBTQI bill to be considered despite ignoring a Constitutional requirement and an opinion by the Attorney General.
She thus sought an interlocutory injunction to restrain the Speaker and Parliament pending the determination of the substantive suit.
However, the apex court panel was of the opinion that the applicant failed to meet the threshold for the remedy.
Moving the application in court today, counsel for the applicant, Dr Arkoh averred that the Speaker had breached Article 108 of the Constitution by not considering the financial assessment of the Private Members Bill.
Additionally, he noted that having failed to consider an opinion proffered by the AG, the Speaker had gone contrary to the constitution and thus placing a financial burden on the taxpayer per the Bill.
On his part, Thaddeus Sory, counsel for the speaker, vehemently opposed to the application by referring to portions of their affidavit.
He argued that the plaintiff's understanding of Article 108 was conceived because the Speaker has an opinion and has exercised same.
Additionally, Mr Sory told the court that contrary to the plaintiff's averment, Parliament actually has considered the Attorney General's opinion.
The Attorney General also shared the views of the 1st interested party, adding that the applicant had failed to prove the grounds for an injunction and impressed upon the court to dismiss same.
In the ruling, the Chief Justice, Gertrude Torkornoo noted that the applicant had failed to prove the grounds for an injunction.
Also, the court established that it is unable to "injunct Parliament on the basis of an alleged omission" thus dismissing the application.
The applicant has meanwhile withdrawn an application for contempt against the speaker and the same has been struck out.
Other members of the panel were Pwamang (JSC), Baffoe-Bonnie (JSC), Mensa-Bonsu (JSC), Owusu (JSC), Ackaah-Yensu (JSC), Kulendi (JSC), Asiedu (JSC) and Koomson (JSC).
