The High Court in Accra yesterday granted a motion to expedite hearing of the case in which the Member of Parliament (MP) for South Dayi Constituency is seeking to compel President Nana Addo Dankwa Akufo-Addo and the Speaker of Parliament, Mr Alban Sumana Kingsford Bagbin, to act on the anti-LGBTQ bill.
The case has been adjourned to April 18 for continuation.
The motion, filed by applicant, Rockson Nelson Dafeamekpor, who is represented by Nii Kpakpo Samoa Addo, is in the nature of mandamus to compel the President to perform his constitutional function.
The lawmaker is also asking the court to compel President Akufo-Addo to accept the anti-gay bill and either sign or write to Parliament to give reason(s) he cannot assent to it.
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The plaintiff filed the writ on March 22, 2024, and contends that the Human Sexual Rights and Family Values Bill has been duly
passed by the Parliament of Ghana in compliance with Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
It is the case of the plaintiff that the bill "must be transmitted to and received by the President of Ghana for assent or otherwise in accordance with Article 106 (7) of the 1992 Constitution of Ghana".
Mr Dafeamekpor is asking for a number of reliefs, including a declaration that the Parliament of Ghana duly complied with all the constitutional provisions stipulated in Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution
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of Ghana in the passage of the Human Sexual Rights and Family Values Bill on February 28, 2024.
He wants an order of mandamus directed at the Speaker of Parliament to present the Human Sexual Rights and Family Values Bill to the President of the Republic of Ghana herein in accordance with Article 106 (7) of the 1992 Republic Constitution of Ghana on the basis that the Parliament of Ghana has duly complied with all the constitutional provisions stipulated under Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
Mr Dafeamekpor asked the court for an order directed at the President of Ghana to receive the Human Sexual Rights and Family Values Bill as presented by Parliament in accordance with Article 106 (7) of the 1992 Constitution of Ghana for the purposes of his assent or otherwise.
He wants an order directed at the President of the Republic of Ghana to signify to the Speaker of Parliament within seven days after the presentation of the Human Sexual Rights and Family Values Bill, his assent to the bill or that he refuses to assent to the bill in accordance with Article 106 (7) of the 1992 Constitution of Ghana, unless the bill is referred by the President to the Council of State pursuant to Article 90 of the Constitution of Ghana.
