The High Court in Accra recently made a significant decision regarding Rockson-Nelson Dafeamakpor’s application for Mandamus. This application sought to compel the Speaker of Parliament, Alban Bagbin, and President Akufo-Addo to take action on the LGBTQ+ bill within a specific timeframe.
After granting the Applicant’s (Dafeamakpor’s) request for abridgment of time to hear the application, the Court adjourned the case. Counsel for Applicant Nii Kpakpo Samoa Addo moved the application for mandamus, which was opposed by the State Attorney. The State Attorney will have the opportunity to present their arguments in the next sitting, which has been scheduled for April 18.
Rockson Nelson-Dafeamekpor, Member of Parliament for South Dayi, filed the application at the High Court to compel the Speaker of Parliament to submit the Anti-LGBT bill to the President within 7 days. Additionally, the Plaintiff is seeking to compel the President to accept the bill and either sign it or indicate to Parliament that he cannot assent within the same period.
The application for Judicial Review in the nature of Mandamus was filed on March 22. It is based on the grounds that the Human Sexual Rights and Family Values Bill has been duly passed by the Parliament of Ghana in compliance with the relevant articles of the 1992 Constitution of Ghana. The Plaintiff also argues 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.”
An application for Mandamus is a request to a Court asking it to compel or order a government official to properly fulfill their official duties or correct an abuse of discretion.
The adjournment of this case reflects the complexity and importance of the issues at hand. It also underscores the significance of legal processes in addressing matters of public concern. As the case continues to unfold, it will be important to monitor how the Court deliberates on the application for Mandamus and its potential implications for the LGBTQ+ bill in Ghana.
Below are the reliefs being sought by the Plaintiff in his application for Mandamus
I. A declaration that the Parliament of Ghana duly complied with all the Constitutional provisions stipulated in Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana in the passage of the Human Sexual Rights and Family Values Bill on the 28th of February, 2024.
II. An Order of mandamus directed at the 1st Respondent herein to present the Human Sexual Rights and Family Values Bill to the President of the Republic of Ghana herein in accordance with Article 106 (7) of the 1992 Republic Constitution of Ghana on the basis that the Parliament of Ghana has duly complied with all the Constitutional provisions stipulated under Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
III. An Order directed at the President of Ghana to receive the Human Sexual Rights and Family Values Bill as presented by Parliament in accordance with Article 106 (7) of the 1992 Constitution of Ghana for the purposes of his assent or otherwise.
IV. An Order directed at the President of the Republic of Ghana to signify to the 1st Respondent herein, within seven days after the presentation of the Human Sexual Rights and Family Values Bill, his assent to the Bill or that he refuses to assent to the bill in accordance with Article 106 (7) of the 1992 Constitution of Ghana, unless the Bill is referred by the President to the Council of State pursuant to Article 90 of the Constitution of Ghana.
V. Any other relief(s) this Honourable Court may deem fit.
-source starrfm | curated by Aisha Yakubu | GhanaCrimes
