Anti-LGBTQI suits: Supreme Court directs Sky to amend suit, orders Speaker to refile affidavit

The Supreme Court has granted a request by Richard Dela Sky to amend and refile the injunction motion as well as the statement of the case and all additional issues of law he wishes to rely on.

This order was made in a ruling by the apex court, on a request made by his counsel in that regard.

Alternatively, the five-member panel has directed counsel for the speaker of Parliament, Thaddeus Sory, to refile fresh supplementary affidavits within 7 days.

Earlier today, the panel presided over by Chief Justice, Gertrude Torkornoo granted a request by the Attorney general for the cases to be broadcast live.

SKY CASE

DL News Supreme Court correspondent Richard Osei Boateng reports that when the Sky case was called, his lawyer made a prayer for amendment of one of the reliefs of his motion, which was opposed by the Speaker’s lawyer, but the court granted the request in its ruling.

Subsequently, Sky’s lawyer further prayed for a leave of the court to file supplementary affidavits, which was opposed by the Attorney General.

However, in its ruling, the court granted the applicant seven days within which to file the fresh motion and any additional issues to be relied on.

AMANDA ODOI CASE

When the second case was called, the applicant’s lawyer drew the court’s attention to a supplementary affidavit filed without the court’s leave by the Speaker of Parliament, which contained scandalous language.

This argument was supported by the Attorney General, who held that in such matters, a party ought to only file a supplementary affidavit with the leave of the court.

In its ruling, the Supreme Court upheld the applicant’s argument, describing the language of the affidavit as intemperate and thus ordering the first defendant to file a fresh one within 7 days.

The court has meanwhile adjourned both cases sine die.

Background

On February 28, 2024, the Parliament of Ghana passed the Proper Human Sexual Rights and Ghanaian Family Values (“Anti-LGBTQ”) Bill. 

The bill is yet to be forwarded to H.E., the President, for assent, but the bill's passage has triggered reactions from some of Ghana’s development partners, international financial institutions, and CSOs in the country.

It is on the back of this that two people, a lawyer; Richard Sky, and a researcher; Dr. Amanda Odoi, have filed these suits.

Amanda Odoi is challenging the passage of the Proper Human Sexual Rights and Ghanaian Family Values (“Anti-LGBTQ”) Bill.

She is specifically seeking an interlocutory injunction to restrain the Speaker of Parliament, Clerk, etc. from forwarding the bill to the president for his assent pending the final determination of the suit.

On his part, lawyer and broadcaster Richard Sky asserts that the bill passed by Parliament contravenes various articles of the constitution and thus should be declared null or void.