The High Court in Accra has made a ruling on the mandamus application filed by Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, which aimed to compel President Nana Addo Dankwa Akufo-Addo to assent to the anti-LGBTQ bill passed by Parliament.
Represented by Chief State Attorney Sylvia Adeso, lawyers for the Attorney-General argued that the High Court lacked jurisdiction to grant Dafeamekpor’s application.
However, Justice Ellen Mireku, in her ruling, acknowledged the court’s jurisdiction but exercised discretion to dismiss the mandamus application.
She pointed out that two other suits filed by private citizens, Prof Amanda Odoi and Richard Dela Sky, had a direct bearing on Dafeamekpor’s application, leading to the rejection of the reliefs sought by the South Dayi MP.
After the ruling, lead counsel for the Dafeamekpor indicated that they will appeal the decision by the court.
Nii Kpakpo Samoa Addo said, “I’m a bit satisfied that the court said it has jurisdiction to hear the matter. If we meet the criteria for granting the remedy and we have satisfied the necessary requirements the discretion I believe should be exercised in favour of the Constitution and not wait for the Supreme Court to deal with the matter. This is a life matter.
“We are likely to go to the Court of Appeal.”
Dafeamekpor had previously filed a suit at the High Court seeking various declarations and orders regarding the powers of the President under the 1992 Constitution of Ghana.
Among his requests were declarations concerning the President’s timeframe for assenting to bills and the President’s inability to obstruct Parliament from transmitting passed bills to him.
Additionally, he sought a declaration against a specific letter dated March 18, 2024, sent to the Clerk of Parliament by the Secretary to the President, Nana Bediatuo Asante, alleging it violated the Constitution.
Dafeamekpor also requested the court to direct the President to retract this letter and sought any further orders or directions deemed necessary by the court.
The anti-gay legislation passed in Parliament on February 28, 2024, criminalizes LGBTQ activities and prohibits their promotion, advocacy, and funding.
Those found guilty could face a jail term of 6 months to 3 years, while promoters and sponsors of the act may incur a 3 to 5-year jail sentence.
In the wake of growing concerns from the diplomatic community and international organizations regarding the anti-LGBT+ bill, President Nana Addo Dankwa Akufo-Addo sought to allay fears while reaffirming Ghana’s commitment to human rights.
He assured the international community that Ghana has no intentions of regressing on its commitment to human rights, despite the passage of the controversial bill.
