Law against anal sex constitutional – Supreme Court declares

The Supreme Court has declared as constitutional the law which prohibits unnatural carnal knowledge such as anal sex. 

In a unanimous decision Wednesday [July 24, 2024], a seven-member panel of the court dismissed a writ challenging the constitutionality of  Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29).

The court, presided over by Justice Paul Baffoe-Bonnie, did not read the full reasoning of the court, which it said would be deposited at the court’s registry.

The writ was filed by Dr Prince Obiri-Korang, a lecturer at the University of Ghana Law School.

Section 104 (1) (b) of Act 29 makes it a crime for any person to have unnatural carnal knowledge of a person who is 16 years and above even with his consent, with the crime described as a misdemeanour.

Section 104 (2) defines unnatural carnal knowledge as sex in an unnatural way or with an animal.

Dr Obiri-Korang, had argued in his writ that Section 104(1)(b) of Act was unconstitutional as it breached the right to privacy stipulated under Article 18 of the 1992 Constitution, right against discrimination under Article 17, and the protection personal liberties under Article 14.