Ghana’s top court rejects challenges to controversial anti-LGBTQIA+ bill

The bill has received widespread public support in the socially conservative West African nation but has drawn sharp criticism globally

A person holds the pride flag during a Pride parade. Image used for representative purpose/ Reuters File

Ghana’s Supreme Court on Wednesday (December 18) dismissed two challenges to a contentious bill that sharply restricts LGBTQIA+ rights, paving the way for potential enactment of the legislation, which has faced international condemnation.

The Sexual Rights and Family Values Bill, approved by lawmakers in February, prescribes prison sentences ranging from six months to three years for engaging in LGBTQIA+ sexual activity.

The bill has received widespread public support in the socially conservative West African nation but has drawn sharp criticism globally.

The proposed law now awaits ratification by President Nana Akufo-Addo, who has yet to announce his decision. Akufo-Addo, set to leave office on January 7 after two terms, previously stated he would await the court’s ruling on the bill’s constitutionality before making a decision.

“It will be premature for this court to exercise its interpretive and enforcement jurisdiction to intervene. Consequently, the action fails,” said Judge Avril Lovelace-Johnson, head of the seven-member panel, as she delivered the court’s judgment.

The judge added that without presidential assent, the bill does not yet constitute an enforceable law that the court can overturn.

The ruling followed challenges from broadcaster Richard Dela-Sky and university researcher Amanda Odoi, who argued the bill violated Ghana’s constitution.

The legislation has raised concerns among Ghanaian officials and international observers. Ghana’s finance ministry warned the bill could jeopardise billions of dollars in World Bank funding, while countries, including the United States, have strongly criticised its provisions.

LGBTQIA+ rights in Africa

As of June 2023, 32 of 54 African countries have criminalised same-sex sexual activity. The number, although disappointing, is down from 39 in the 1990s, according to Council on Foreign Relations.

Advancements in countries like South Africa, Namibia, and Botswana offer hope, while stringent laws in Uganda, Nigeria, and Ghana point to the persistent challenges faced by LGBTQIA+ individuals across the continent. Ongoing advocacy and international support remain crucial in promoting human rights and equality for all.