Anti-LGBTQ motion:  SC grants plaintiff leave to amend reliefs

The Supreme Court (SC) yester­day granted leave to Richard Dela Sky, a broadcast journalist, to amend reliefs in his anti-LGBTQ motion, which is before the court.

The five-member panel of judges, presided over by the Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, adjourned the case to May 17, to enable Mr Sky, who is also a pri­vate legal practitioner, to amend reliefs five and seven.

The court also granted the plaintiff the opportunity to file his supplementary affidavit to his interlocutory injunction.

Mr Sky is asking the court to declarethe Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill, null, void, and of no effect.

He and Dr Amanda Odoi, who filed a similar case, want the apex court to injuct the Speaker of Parliament, Mr Alban Sumana Kingsford Bagbin, from trans­mitting the bill to President Nana Addo Dankwa Akufo-Addo for his assent.

The reliefs which the court granted leave for amendments relates to a restraining order and injunction.

The Speaker of Parliament is the first defendant, while the Attorney-General and Minister of Justice, the principal legal advisor to the government is the second defendant.

Paragraph five of the appli­cant’s writ is seeking “an order restraining the Speaker of Parlia­ment and the Clerk to Parliament from presenting the Human and Sexual Values Bill, 2024 to the President of the Republic for his assent.”

Paragraph seven of the application is also seeking “an injunction barring any attempts to enforce the provisions of the Human Sexual Rights and Family Values Bill 2024, particu­larly those criminalising same-sex relationships and related advocacy efforts.”

Counsel for the first defen­dant, Thaddeus Sory, suggested to the court that the applicant be given time to amend paragraphs five and seven of his applications to sync with his reliefs.

The Chief Justice in her ruling, upheld the suggestion of the counsel for the first defen­dant, saying “by listening to all the counsels, the court agrees with the suggestion of counsel for the first defendant and orders the plaintiff applicant to file a fresh motion paper with supporting affidavit and statement of case. Plaintiff is also given leave to address any matters of fact and issues of law in the new process.

“Plaintiff applicant is given up to May 17, so now you have moved from May 9 to file the new process on May 17, 2024. Counsel for defendants are given seven days after service on them to file any processes that they may wish to.” In his suit, Mr Sky is chal­lenging the constitutionality of Parliament in passing the “Human Sexual Rights and Family Values Bill.”

The plaintiff argues that the passage of the bill violates pro­visions of the 1992 Constitution, particularly Article 33(5) as well as Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e).


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