General News of Saturday, 2 February 2013
...Prez Mahama is not the law
Lawyer John Ndebugri has challenged President John Mahama’s position on homosexuality which sought to suggest that homosexuality in Ghana is illegal and criminal.
The former PNC member, now with the NPP challenged the president to produce the law that criminalizes homosexuality in Ghana and he will be ready to take him on in court.
Information Minister, Mahama Ayariga said at a press conference in Ghana on Friday that the president abhors homosexuality.
“The President is to execute the laws of Ghana. And the laws of Ghana are very clear on homosexuality. The laws of Ghana appall and criminalise homosexuality. There is no dispute about that. Homosexual conduct which is unnatural canal knowledge of one person or another is criminal and punishable by the laws of Ghana,” Ayariga explained.
He further stated in an interview on Joy FM’s Top Story on Friday that the president’s position is clearly spelt out in Section 104 of the Criminal Offences Act which makes unnatural canal knowledge criminal.
But speaking on MultiTV and Joy FM's Newsfile programme on Saturday, on the topic of homosexuality, vetting and Nana Oye Lithur’s stance on it, Lawyer Ndebugri said the president has "misinterpreted the law".
He stated emphatically that section 104 of the criminal Offences Act cannot by any stretch of law be used to criminalise homosexuality in Ghana.
Quoting sub section 2 of the same section 104 of the Criminal Offences Act Ndebugri said the unnatural canal knowledge has been clearly defined as sexual intercourse in an unnatural manner.
He further cited a Supreme Court case in which judgement was passed on what constitutes sexual intercourse which he quoted as “penetrating with the penis.”
He explained, lesbianism which is a form homosexuality does not involve the use of penis and can therefore not be described sexual intercourse or unnatural.
The act of lesbianism can only be criminal if they can penetrate but “females don’t have penis. They cannot penetrate,” he retorted.
He said if the president should take his two sisters to court and charge them for being lesbians under the section 104 of the Criminal Offences Act, he, Ndebugri will go to court and defend them and “I will win,” he stated emphatically.
He said the president’s position on homosexuality does not constitute law.
He added Oye Lithur is clearly qualified and must be given the breathing space to operate.