Anti-LGBTQ bill: Researcher Withdraws Contempt Suit Against Speaker Bagbin

A researcher from the University of Cape Coast, Dr. Amanda Odoi, has withdrawn her contempt application filed against Speaker of Parliament, Alban Bagbin, at the Supreme Court.

This application was related to the ongoing consideration of the anti-LGBTQ+ bill.

The decision to withdraw the suit came after the Supreme Court dismissed her application to halt Parliament from proceeding with the passage of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021, commonly referred to as the anti-LGBTQ+ bill.

Dr. Odoi had accused Bagbin of disregarding pending legal actions and allowing the consideration of the proposed legislation to progress, which she believed violated the 1992 Constitution.

She is one of two citizens who have sued the Speaker of Parliament and the Attorney General over the Anti-LGBT bill.

Dr Odoi contended that her checks show that the Speaker of Parliament has been served with all relevant court processes including one asking the court to place an injunction on parliament’s consideration of the law. She says despite this, the Speaker caused the Bill to proceed to its Second Reading in Parliament.

She argued, “the respondent has continually violated and shown utter disregard for the 1992 Constitution of the Republic of Ghana and the court process. That the respondent’s clear, intentional, and continuous disregard of the court process necessitates the Respondent being sanctioned for contempt in the public interest and to protect the dignity of the Court.”

“He should have proved this balance of convenience well but we have not seen any evidence of that. The speaker is doing his duty and cannot be injuncted,” she said.

But Chief State Attorney Dr Sylvia Aduse told the court Dr Odoi’s legal team have failed to show how they will suffer or which right of theirs should be protected in the interim.

“He should have proved this balance of convenience well but we have not seen any evidence of that. The speaker is doing his duty and cannot be injuncted.” She said.

Lawyer for the Speaker, Thaddeus Sory urged the court to dismiss the request.

“We pray that this application doesn’t satisfy any of the tests as set by this court and should be dismissed.”

The panel presided over by the Chief Justice Indicated a case meriting an injunction has not been made.

“We have considered the merits of this case and are of the considered view that a prima facie case has not been made to convince us to injunct the work of parliament.

“Neither have we been convinced to injunct an uncompleted work of parliament. The issues raised by this application for injunction are matters to be determined by the substantive matter. This application for an injunction is dismissed,” the Chief Justice stated.

Other panel members are Paul Baffoe-Bonnie, Gabriel Pwamang, Mariama Owusu, Henrietta Mensa-Bonsu, Yonny Kulendi, Barbara Ackah-Yensu, Samuel Asiedu, George Koomson”.

The House consented to the bill

On July 5, there was unanimous consent by all 275 MPs for the passage of the Anti-LGBTQ Bill currently before the house.

This followed months of public debate and ratification of the document by the legislators and other stakeholders since its introduction in 2021.

Already, the controversial bill has been hit with a number of legal actions with the latest lawsuit announced only on Tuesday, July 4, 2023.

But approving the laying of the bill and the subsequent debate before the consideration stage, Speaker Alban Bagbin said it is clear that no legislator is against the passage of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021.

“With the submissions just made by the Honorable Andy Appiah Kubi that all the 275 are in support of the bill, anybody who disagrees be on your feet and I will recognize you.

“Honorable members, since all members are in support of the bill, I am definitely not going to gag the House. I will give you the opportunity to expand and improve further the submissions made so that at the consideration stage, it will be enriched by your contributions.

“But I just want us to be clear that none is against the bill,” he stressed.

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