The Executive Secretary of the National Coalition for Proper Human Sexual Rights and Family, Moses Foh Amoaning has expressed support for the Supreme Court’s decision to throw out a case against the anti-lgbtq bill.
A petition was filed by legal practitioner, Richard Dela Sky against the anti-lgbtq bill following parliament’s resolve to get President Akuffo-Addo to assent it to pave way for its enactment. He cited human rights violation elements in the bill as reason for the petition.
But the Supreme Court has earllier today suspended the petition based on failure to comply with legislative processes. This was a unanimous decision.
Mr. Amoaning has described the petition as immature, as he explained that a bill could only be challenged if it had been signed into law, adding that since the bill, as it stands, is a mere proposal and not an enactment, the petition against it does not meet the threshold for judicial review.
“This case was premature….. the Constitution is clear that the Supreme Court’s original jurisdiction can only be invoked in matters involving anything done or purported to have been done under an enactment. A bill is not an enactment—it is merely a proposal. Until it is signed into law, it does not meet the constitutional threshold for judicial review,” he said on JoyFM’s Middaynews.
“The proper time to challenge the constitutionality of this bill will be after it has been signed into law. At this stage, any action against it is premature,” he added.
The anti-lgbtq bill has been making waves on various platforms since the conception of the idea by three members of parliament. Notable amongst these MPs is Sam George of the National Democratic Congress (NDC), who has been vocal against lgbtq activities in the country.
Besides the afforementioned people, the Speaker of parliament, Alban Bagbin has welcomed the idea of the bill and has on few ocassions reiterated his support for its passage and potential enactment. He has however acknowledged that some provisions of the bill need to be reviewed.
But more importantly to this development, is the curiosity about whether or not the incumbent president would sign the bill before leaving office finally in January 2025.
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