Friday, 14 February

Anti-gay bill: SC defers ruling on Amanda Odoi's injunction, accelerates trial proceedings

General News
Chief Justice Torkornoo and the Supreme Court are also concurrently hearing Richard Dela Sky’s case

The Supreme Court has deferred its ruling on an injunction application by Dr. Amanda Odoi, aimed at halting the transmission of the controversial anti-LGBTQ bill.

The decision on the injunction will now be delivered alongside the final judgement of the case.

In a move to expedite the proceedings, the court has agreed to an early trial.

The five-member panel, led by Chief Justice Gertrude Torkornoo, stressed that this approach ensures a fair and just ruling.

The court is currently dealing with two lawsuits challenging the Parliament's passage of the Human Sexual Rights and Family Values Bill. Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi are both contesting the bill's constitutionality.

Richard Dela Sky contends that the bill breaches several provisions of the 1992 constitution and infringes on fundamental human rights. Dr. Amanda Odoi seeks a restraining order to prevent the

Speaker, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for approval.

At the last hearing, Dr. Odoi's counsel, Dr. Ernest Ackon, argued that the bill imposes a direct charge on public funds, violating Article 108 of the constitution.

He also pointed out the absence of a fiscal impact analysis before the bill was sent to the President.

Attorney-General Godfred Yeboah Dame, the second respondent, argued that the Speaker’s discretion is not unconstrained by the constitution, thereby justifying the Supreme Court's decision on the injunction application.

Thaddeus Sory, counsel for the Speaker of Parliament, countered that Dr. Odoi's claims regarding the need for a fiscal impact analysis were unsupported by the constitution, particularly as the bill does not explicitly impose a charge on the consolidated fund.

He noted that the current injunction request is similar to a previously dismissed one and argued that the bill’s transmission to the President is an ongoing process and not yet within the Supreme Court's jurisdiction.

Chief Justice Torkornoo and the Supreme Court are also concurrently hearing Richard Dela Sky’s case, which adds to the scrutiny and legal challenges surrounding the anti-LGBTQ bill.

Source: classfmonline.com/Elikem Adiku