Court adjourns Dafeamekpor's suit which seeks to compel Akufo-Addo to act on Anti-gay Bill

The High Court in Accra has adjourned its sitting on the suit filed by Rockson-Nelson Dafeamekpor, seeking to compel the Speaker of Parliament Alban Bagbin and President Akufo-Addo to act on the Anti-LGBT+ Bill within seven days, to April 29, 2024.

The adjournment comes after the Office of the Attorney General, in a U-turn, filed an affidavit in opposition to the mandamus filed by Dafeamekpor, the Member of Parliament (MP)
for South Dayi.

The attorney general had previously indicated to the Court that it would not oppose the substantive application, stating that the state would rather respond on the point of law.

The state’s affidavit was filed on Wednesday, April 17, 2024, a day before the court was set to hear legal arguments of the case.

The High Court presided over by Justice Ellen Lordina Serwaa Mireku, had earlier granted an abridgement of time for an expedited hearing of the case after the state indicated it was not opposed to the substantive application.

But, George Tetteh Sackey, a Principal State Attorney, said the state filed an affidavit to oppose the substantive application on Wednesday during the proceeding on Thursday.

The judge adjourned the case to April 29 for the lead counsel of the applicant, Nii Kpakpo Samoa Addo, to file a reply to the AG’s affidavit in opposition.

Background:

Dafeamekpor applied to the High Court to compel the Speaker of Parliament to submit the Anti-LGBT+ Bill to the President within 7 days.

The Plaintiff is also asking the Court to compel the President to receive the Anti-gay bill and either sign or indicate to Parliament he cannot assent to it within the same period.

The application for Judicial Review in the nature of mandamus, which was filed on March 22, 2024, was premised on the grounds 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.

The legislator also argued 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.”

BAI/DO

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