Accra, Ghana—The Ghanaian Supreme Court has dismissed two cases challenging the constitutionality of the Human Sexual Rights and Family Values Bill, paving the way for President Nana Akufo-Addo to sign the contentious legislation into law. The bill, widely criticised by the United Nations and human rights organisations, is considered one of the harshest anti-LGBTQ measures on the African continent.
The seven-member panel of judges unanimously ruled against the petitions filed by broadcast journalist and lawyer Richard Dela Sky and academic Amanda Odoi. Both had sought to challenge the bill’s constitutionality before its enactment. However, the court held that such cases could only be reviewed after the bill became law.
The legislation, passed earlier this year by Ghanaian lawmakers, criminalises identifying as LGBTQ with penalties of up to three years in prison. It further imposes up to five years imprisonment for individuals or organisations that fund or form LGBTQ groups.
Implications for LGBTQ Rights
President Akufo-Addo, who has withheld his assent to the bill pending the court’s decision, is now under pressure to approve it before the end of his term on 7 January. The President’s delay was seen as a temporary reprieve for the LGBTQ community. However, opposition leader and President-elect John Mahama has already expressed support for the legislation, signalling continuity in its endorsement by Ghana’s political leadership.
Human rights advocates have condemned the court’s ruling and the bill itself, describing it as a violation of international human rights standards. The United Nations has called on Ghanaian authorities to reconsider the measure, citing concerns over the safety and dignity of LGBTQ individuals.
Petitioners React
Sky and Odoi expressed disappointment with the ruling and stated their intent to study the court’s full judgment before deciding on their next steps. “This decision is a setback for human rights in Ghana, but the fight is far from over,” Sky said in a statement. Legal experts believe the bill if enacted, is likely to face further constitutional challenges.
Broader Context
The dismissal comes amid growing scrutiny of anti-LGBTQ laws across Africa. In recent years, countries like Uganda and Nigeria have passed similarly stringent legislation, drawing criticism from global rights organisations and foreign governments. Activists fear Ghana’s decision could embolden other nations to adopt harsher measures against LGBTQ communities.
If signed into law, the Human Sexual Rights and Family Values Bill would mark a significant regression for LGBTQ rights in Ghana and raise critical questions about the country’s commitment to human rights protections. The international community will closely watch the next steps in this deeply polarising issue.
