Supreme Court Grants Richard Sky’s Suit Amendment Request On Anti-LGBTQ+ Bill

The Supreme Court has granted an application by private legal practitioner cum journalist, Richard Dela Sky to amend his reliefs in his suit challenging the constitutionality of Parliament in passing the Human Sexual Rights and Family Values Bill, also known as anti-gay bill.

The apex court is also hearing a similar case filed by a researcher, Dr Amanda Odoi challenging the passage of the anti-LGBTQ+ bill.

President Nana Addo Dankwa Akufo-Addo cites the two lawsuits as having stalled the transmission of the bill to him for his assent.

The lawsuits have generated national interest and discourse, and in Court on Wednesday, May 8, lawyers for Richard Sky asked to amend portions of their reliefs.

Counsel for the first defendant, Thaddeus Sory, suggested to the court that the applicant be given time to amend paragraphs five and seven of his applications to sync with his reliefs.

Paragraph five of the applicant’s writ is seeking “an order restraining the Speaker of Parliament and the Clerk to Parliament from presenting The Human Sexual Rights and Family Values Bill, 2021 to the President of the Republic for his assent.”

Paragraph seven of the application is also seeking “an injunction barring any attempts to enforce the provisions of The Human Sexual Rights and Family Values Bil 2021, particularly those criminalizing same-sex relationships and related advocacy efforts.”

The Chief Justice, Gertrude Torkonoo upheld the suggestion of the counsel for the first defendant and adjourned the amendment to May 17 after a back and forth.

“By listening to all the counsels, the court agrees with the suggestion of counsel for the first defendant and orders the plaintiff applicant to file a fresh motion paper with supporting affidavit and statement of case. Plaintiff is also given leave to address any matters of fact and issues of law in the new process.

“Plaintiff applicant is given up to May 17, so now you have moved from May 9 to file the new process on May 17, 2024. Counsel for defendants are given seven days after service on them to file any processes that they may wish to.”

There were also intense exchange of words between Chief Justice Gertrude Torkornoo and lawyer for the Speaker of Parliament, Thaddeus Sory.

In his suit, Richard Dela Sky, who is seeking the apex court to declare the bill null and void, also argues that the passage of the bill violates provisions of the 1992 Constitution particularly Article 33(5) as well as Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e).

Mr. Sky is seeking eight reliefs including an order that “The Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass ‘The Human Sexual Rights and Family Values Bill, 2024’ into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.”

On her part, Dr Amanda Odoi has raised concerns about specific provisions within the Human Sexual Rights and Family Values Bill. She is also seeking a restraining order to prevent the Speaker, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for his approval.

The hearing of the case is being publicised live on electronic media after the Chief Justice granted a request from the Attorney-General to that effect due to the growing public interest in the case.

credit: myjoyonline