Ghana's Supreme Court Rejects Challenges to Controversial LGBTQ Legislation

On Wednesday, December 18, Ghana’s Supreme Court rejected two legal bids aimed at overturning the Sexual Rights and Family Values Bill, a controversial piece of legislation that significantly restricts LGBTQ rights. The bill was approved by lawmakers earlier this year and has drawn international condemnation, despite receiving considerable public support in the conservative West African nation.

The legislation, passed in February, imposes jail terms ranging from six months to three years for individuals engaging in same-sex relations. However, the bill will only become law once ratified by outgoing President Nana Akufo-Addo, who has yet to announce his decision. Akufo-Addo, who will step down on January 7 after two terms, indicated he would wait for the Supreme Court's ruling on the bill’s constitutionality before taking further action.

Delivering the judgment, Judge Avril Lovelace-Johnson, head of the court's seven-member panel, stated, “It will be premature for this court to exercise its interpretive and enforcement jurisdiction to intervene. Consequently, the action fails.” She emphasized that until presidential assent is granted, there is no act for the Supreme Court to supervise or overturn.

The court's decision followed legal challenges from Ghanaian broadcaster Richard Dela-Sky and university researcher Amanda Odoi, both of whom questioned the constitutionality of the bill. The proposed legislation has faced backlash not only from human rights advocates but also from several countries, including the United States. Ghana’s finance ministry has also expressed concerns, warning that the bill's passage could jeopardize billions of dollars in World Bank funding.