Hearing on challenge to anti-LGBTQ bill is postponed by Ghana’s highest court

The Supreme Court of Ghana declared on Wednesday that attorneys contesting the validity of one of the most severe anti-LGBTQ laws in Africa had to revise their arguments because their submissions contained offensive language. The case was subsequently postponed.

The bill that would further crack down on LGBTQ rights in the West African country was unanimously passed by Parliament in February, but President Nana Akufo-Addo has not yet signed it into law, citing ongoing issues before the Supreme Court.

Chief Justice Gertrude Torkornoo’s decision to postpone the first hearing on the challenges until a later date further stalls the settlement of a bill that, if passed into law, may put donor support for a nation experiencing financial difficulties in jeopardy.

In Ghana, having gay intercourse is already punishable by up to three years in prison. Should the measure become law, it will increase the length of the sentence and step up the persecution of LGBTQ individuals and anyone who are suspected of advocating for lesbian, gay, or other minority sexual orientations.

Human Rights Watch and other advocacy organizations have expressed concern that the new law may incite further violence against LGBTQ individuals who already face many forms of discrimination, and they are pleading with Akufo-Addo to veto it.

Despite a warning from the finance ministry that the law might jeopardize $3.8 billion in World Bank financing and derail a $3 billion loan package from the International Monetary Fund, proponents of the bill have persisted in pushing for its passage.

While the legislation may hinder Ghana’s capacity to access concessional sources like the World Bank, Oxford Economics said in a report on Wednesday that it would not impede Ghana’s ability to receive disbursements under its current IMF program.

Attorneys Richard Sky and Amanda Odoi each filed separate challenges to the bill in an attempt to have it ruled illegal and stop the president from signing it.

Torkornoo remarked that in order to be polite, the plaintiffs and the speaker of parliament’s attorneys should revise their submissions and exclude any “inappropriate, intemperate language”.

She stated, “Amendments must be filed by May 17,” before calling the meeting to a close.
Godfred Yeboa Dame, the minister of justice and attorney general, told reporters during the hearing that he was happy with the procedure.