By: Kenneth Appiah Bani.
In a significant legal development, broadcast journalist and lawyer Richard Dela Sky has withdrawn his case challenging the constitutionality of Ghana’s Human Sexual Rights and Family Values Bill, commonly referred to as the anti-LGBTQ+ bill, from the Supreme Court. This decision comes after the Supreme Court, on December 18, 2024, unanimously dismissed similar petitions, including one filed by Dr. Amanda Odoi, a researcher at the University of Cape Coast, on the grounds that the challenges were premature since the bill had not yet received presidential assent.
Richard Dela Sky’s legal action sought to contest the constitutionality of the anti-LGBTQ+ bill, arguing that its passage did not adhere to the required constitutional procedures, particularly concerning quorum requirements during parliamentary proceedings. The bill, which aims to criminalize activities associated with LGBTQ+ advocacy and impose penalties on individuals promoting or funding such activities, has been a focal point of national debate, drawing both staunch support and vehement opposition.
The Supreme Court, in its December ruling, emphasized that judicial intervention was premature, as the legislative process had not been fully completed. Justice Lovelace Avril Johnson, delivering the court’s opinion, stated that until a bill receives presidential assent, it does not constitute an enactment subject to judicial review of its constitutionality. This interpretation underscores the court’s adherence to the principle of separation of powers, allowing the legislative process to conclude before any judicial assessment.
Richard Dela Sky’s decision to withdraw his case aligns with the Supreme Court’s stance on the matter. By discontinuing the legal challenge, Sky acknowledges the court’s position that any assessment of the bill’s constitutionality is premature prior to presidential assent. This move effectively removes one of the legal obstacles facing the bill, potentially expediting its progression towards becoming law.
As of February 26, 2025, the Human Sexual Rights and Family Values Bill awaits presidential assent to become law. The bill, passed by Parliament on February 28, 2024, seeks to criminalize LGBTQ+ activities and the promotion thereof, with penalties ranging from fines to imprisonment. The withdrawal of legal challenges may influence the executive branch’s decision-making process regarding the bill’s enactment.
The anti-LGBTQ+ bill has elicited a spectrum of reactions both domestically and internationally. Proponents argue that it is essential to preserve Ghanaian cultural and family values, while opponents contend that it infringes upon fundamental human rights, including freedoms of expression and association. International human rights organizations have expressed concern over the bill’s potential impact on LGBTQ+ individuals in Ghana.
In conclusion the withdrawal of Richard Dela Sky’s Supreme Court challenge marks a pivotal moment in the ongoing discourse surrounding Ghana’s anti-LGBTQ+ bill. As the nation awaits the President’s decision on whether to assent to the bill, the conversation continues to evoke strong sentiments on both sides, reflecting the complex interplay between cultural values, legal principles, and human rights considerations.
