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Ghana’s Supreme Court on Wednesday rejected two legal challenges against a controversial anti-LGBTQ+ bill, clearing the way for President Nana Akufo-Addo to sign it into law.
The bill, widely regarded as one of Africa’s most restrictive pieces of anti-LGBTQ+ legislation, was unanimously approved by parliament in February. It significantly intensifies crackdowns on LGBTQ+ rights and those promoting or supporting non-conventional sexual or gender identities.
President Akufo-Addo had delayed signing the bill into law, citing two lawsuits filed at the Supreme Court. Amanda Odoi and Richard Sky, both lawyers, had sought to declare the bill unconstitutional and prevent its enactment.
However, Justice Avril Lovelace-Johnson, delivering a televised judgment on behalf of the seven-member panel, ruled that the challenges were premature. “Until there’s presidential assent, there is no act,” she stated. The cases were “unanimously dismissed.”
Lawyers for Odoi and Sky expressed disappointment with the ruling and said they would consider their next steps after reviewing the full judgment.
The legislation, sponsored by a coalition of Christian, Muslim, and traditional leaders in Ghana, builds on existing laws that already criminalized gay sex with penalties of up to three years in prison. Under the new bill, individuals who “wilfully promote, sponsor, or support LGBTQ+ activities” could face up to five years in prison.
Despite the strong support for the bill, it has faced criticism from financial and human rights perspectives. Ghana’s finance ministry has warned that enacting the law could threaten $3.8 billion in World Bank funding and undermine a $3-billion loan package from the International Monetary Fund, both critical to addressing the country’s economic crisis.
Human rights advocates have raised concerns about the bill’s potential impact. Abena Takyiwaa Manuh, a senior fellow at the Accra-based Centre for Democratic Governance, condemned the court’s decision, saying it endangered LGBTQ+ individuals and their allies.
“I think that just this pronouncement, this kind of formalism, actually puts at risk the lives and health of members of the (LGBTQ+) community and some of us who are human rights defenders,” Manuh said outside the court. “They can now do their worst.”
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