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Supreme Court throws out injunction against anti-LGBTQ bill

The Supreme Court has dismissed an injunction application which sought to stop the Speaker of Parliament from allowing a bill that criminalises LGBTQ to proceed in Parliament.

In a unanimous decision Wednesday, a nine-member panel of the apex court, presided over by the Chief Justice, Justice Gertrude Torkornoo, held that the applicant failed to convince the court to grant the injunction.

Reading the decision of the court, Justice Torkornoo held that the court was not convinced to put an injunction on an uncompleted work of Parliament, especially when the substantive case challenging the bill would address the issues raised by the applicant.

Contempt application withdrawn

Due to the court dismissing the application for injunction, lawyers for the applicant – Dr Amanda Odoi, withdrew an application for contempt against the Speaker.

Dr Odoi wanted the court to cite the Speaker of Parliament – Alban Bagbin, for contempt, due to his decision to allow Parliament to proceed to hear the bill in spite of the injunction application.

After the withdrawal of the contempt application, the apex court dismiss the application as withdrawn.

Case

Dr Odoi- an academic researcher is challenging the constitutionality of the Human Sexual Rights and Ghanaian Family Values Bill which is seeking to outlaw the practice of LGBTQ and any activity promoting it in the country.

It is her case that the Speaker of Parliament breached Article 108 of the 1992 Constitution by not giving an opinion whether the bill when implemented could lead to financial consequences on the country through a charge on the consolidated fund.

The applicant is therefore seeking a declaration from the Supreme Court that the action of the Speaker of Parliament violates Article 108 of the 1992 Constitution, and an order for the Speaker or his deputies from violating the said constitutional provision.

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