The Attorney General and Minister of Justice (A-G), Mr Godfred Yeboah Dame, is advising President Nana Addo Dankwa Akufo-Addo to hold on to assenting the Human Sexual and Family Values Bill, 2024, until the Supreme Court decides on two actions filed by Richard Dela Sky and Dr Amanda Odoi to challenge its constitutionality and consistency with the 1992 Constitution.
“In the circumstances, I am of the view that assenting to the bill while the applications for interlocutory injunction filed in the two suits are pending will render the said applications otiose and undermine the authority of the Supreme Court to determine the issues raised in them,” Mr Dame said in a letter signed on March 18 and addressed to the Jubilee House.
“Respectfully, in light of the fundamental questions of constitutional significance raised by the two suits and the serious matters of public importance involved, I am of the considered opinion that it will be appropriate to accord unto the Supreme Court the propriety pending the final determination of the actions.”
The A-G’s advice to the President comes in the wake of two suits sent to his office by Mr Sky and Dr Odoi before and after the passage of the Human Sexual and Family Values Bill, 2024 by Parliament on February 28.
Mr Dame, who is government’s principal legal advisor, said it would be appropriate to accord onto the Supreme Court the propriety pending the final determination of the actions.
He said, “In the spirit of upholding the rule of law, as you are obliged to do so, I will respectfully advise that a decision to assent to the bill be made after the determination of the applications for interlocutory injunction.”
Mr Sky is seeking a declaration that upon a true and proper interpretation of Article 35(5) of the 1992 Constitution, in light of Articles 12(1) and (2 ), 15(1), 17(1) and (2), 18(2), and 21(1)(a)(b)(d) and (e) of the Constitution, the passage of the Human Sexual and Family Values Bill 2024 by Parliament on February 28, 2024 contravened the Constitution and to that extent, null, void and of no effect.
The plaintiff wants a declaration that the Speaker of Parliament contravened Article 108(a) (ii) of the Constitution, in light of Article 296(a) (b) and (c) by admitting and allowing Parliament to proceed upon and pass the Human Sexual and Family Values Bill, 2024 into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.
BY MALIK SULLEMANA
