Halt processes, passage of LGBTQI+ Bill until compliance with Act 921-Farmer sues Speaker

A farmer, Paul Boama-Sefa has sued the Speaker of Parliament and the Attorney General seeking an order to restrain him from proceeding with the passage and processes relating to the Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021.

He avers per the suit that the Speaker has failed to perform his lawful duty to ensure compliance with Section 100(1) of the Public Financial Management Act, 2016(Act 921).

He is thus seeking an order and a perpetual injunction directed at the Speaker and all assigns and agents to comply with the provisions of the Law before further steps are taken on the Bill.

The plaintiff notes that subsequent to the presentation of the Bill in 2021 by eight Members of Parliament including Samuel Nartey George, MP for Ningo Prampram, the Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs requested the Attorney General to provide the government’s position on the Bill.

The plaintiff averred that the Attorney General did accede to this request by providing his position in which he bemoaned the fact that the Bill is not accompanied by an impact analysis required by Section 100(1) of Act 921 owing to its status as a Private Members Bill.

As such, the writ states that the non-compliance with the AG’s position shows an intention on the part of the Speaker not to comply with the provisions of Act 921 and the Constitution by extension.

The plaintiff, Mr. Boama-Sefa, therefore, adds that allowing the Bill to proceed irrespective of this breach would set a bad precedent for the law-making process in parliament and erode the rule of law.

He thus seeks among others a declaration that the failure of the Speaker of Parliament to perform his obligation and the failure of the Attorney General to insist on same that the Bill be accompanied by a fiscal impact analysis has rendered all the processes leading to the Bill’s passage, invalid and void.