The Vice President and Presidential Candidate of the New Patriotic Party (NPP), Dr Mahamudu Bawumia, has declared his readiness to sign the controversial anti-gay bill into law as President of the country.
This appears to be in direct response to the NDC’s many commercials on the Akufo-Addo government’s refusal to sign the bill into law, hiding behind the Supreme Court cases filed by journalist and private legal practitioner, Richard Dela Sky, against the Speaker of Parliament.
Most of the commercials, have accused Bawumia, a Muslim of siding with his boss, President Nana Akufo-Addo.
A researcher, Dr Amanda Odoi, has also sought to injunct Parliament from transmitting the Anti-LGBTQ+Bill to the President for its assent.
The cases challenge the constitutionality of the Ghanaian Family Values Bill.
The bill, unanimously passed by Parliament, is currently awaiting Presidential assent. However, the process, has been stalled, following a legal challenge over its constitutionality at the Supreme Court.
Nonetheless, Dr Bawumia, has stated unequivocally that he will sign the bill into law as President.
Addressing thousands of worshippers in Kumasi at the Philadelphia Church on Sunday, Dr Bawumia, minced no words about his readiness to put the controversial issue to bed.
“There are so many issues which are dear to so many people and our father,” Dr Bawumia said.
“There are two issues in parliament which are of importance to many Ghanaians. One is the LGBTQ+ Bill which is so dear to our father and Ghanaians. By the grace of God, when I come, I will sign it immediately.”
“Another issue which is so serious to our father and Ghanaians is the anti-witchcraft bill, which I will sign as well.”
Throughout his campaign, Dr Bawumia, has stated his strong opposition to the practice of LGBTQ+ in Ghana, insisting that it is against the cultural and religious norms of Ghana.
In April this year, Vice-President Bawumia, said he was opposed to “the practice of homosexuality”, a stance he promised to maintain, if elected President.
President Nana Akufo-Addo, had been under pressure to sign into law one of Africa’s most severe anti-LGBT bills, which has been criticised by rights advocates and the United Nations.
Speaking at prayers marking the end of the Muslim holy month of Ramadan, Bawumia, did not refer to the bill, but said: “It is important to note that our cultural and societal norms and values as Ghanaians frown on the practice of homosexuality.
“All the major religious traditions in Ghana are opposed to this practice and I stand opposed to it now and I will stand opposed to it as president,” he said, setting out his position for the first time as a candidate.
Bawumia’s main presidential rival, former president John Dramani Mahama, made similar comments in January.
Their views will find favour with many in the culturally conservative West African nation, where gay sex is already punishable by up to three years in prison and LGBT people routinely face harassment and abuse.
Ghanaian activist, Angel Maxine, who is a transgender woman, said Bawumia’s stance was “very dangerous and homophobic”.
“This is … political propaganda and LGBTQ+ lives should not be used as a tool of distraction and scoring a political point(s),” she said in a message.
In February, parliament unanimously passed a bill that will intensify the suppression of LGBT rights and punish those promoting lesbian, gay, bisexual or transgender identities.
Supporters of the bill, have been pushing for its promulgation despite a finance ministry warning that it could jeopardise US$3.8 million in World Bank financing and derail a US$3-billion International Monetary Fund loan package.
The president’s office, has said it is waiting for the outcome of two legal challenges before passing the law to Akufo-Addo for approval.
If it takes effect, the bill will mean those found guilty of the “wilful promotion, sponsorship, or support of LGBTQ activities” will face up to five years in prison.
The United Nations said in 2021 that the then-draft law would create “a system of state-sponsored discrimination and violence” against the LGBT community in the West African country.
The Supreme Court, since early this year, has heard two applications filed by Broadcast Journalist, Richard Dela Sky, and Researcher, Dr Amanda Odoi, seeking to injunct Parliament from transmitting the Anti-LGBTQ+Bill to the President for its assent.
This was after, the panel of five presided over by Chief Justice, Gertrude Sacked Torkornoo, heard arguments from all parties.
In a televised Court Proceedings, a lawyer for Dr Amanda Odoi, led by Ernest Arko, while relying on processes filed said, both the Speaker and the Clerk to Parliament, should be restrained by the Apex Court, until after the determination of the substantive matter.
“We have before you this morning (Wednesday, July 3) an application for Interlocutory Injunction restraining the first Respondent (Speaker of Parliament) and the Clerk of Parliament from forwarding the bill passed on Feb 28, 2024, to the president for his assent,” Counsel for the Plaintiff submitted.
He contended that irreparable damage and harm would be visited heavily on the applicant if the Interlocutory Injunction is not granted since the Speaker has nothing to suffer if refused.
Attorney General, Godfred Yeboah Dame, said though he is not stating his position on the matter, “what the (Supreme) Court ought to look at in granting an application for interlocutory injunction is whether substantial questions of law have been raised by the Plaintiff.
Counsel for the Speaker, Thaddeus Sory, opposed to the Application on grounds that no violation would be occasioned on the Applicant if the request is refused.
He said the application is a repetition of what’s had earlier been put before the Court earlier by the Applicant, which was later struck out.
The parties all made references to Article 108(a)(i)(ii)(iii) and made their argument for and against.
Per Articles 108(a) states as follows; Parliament shall not, unless the bill is introduced or the motion is introduced by, or on behalf of, the President (a) proceed upon a bill including an amendment to a bill, that, in the opinion of the person presiding, makes provision for any of the following –
(I) The imposition of taxation or the alteration of taxation otherwise than by reduction;
(ii) Or the imposition of a charge on the Consolidated Fund or other public funds of Ghana or the alteration of any such charge otherwise than by reduction, or
(iii) The payment, issue or withdrawal from the Consolidated Fund or other public funds of Ghana of any money not charged on the Consolidated Fund or any increase in the amount of that payment, issue, or withdrawal;
In a similar, but separate case, a lawyer for Richard Dela Sky, Paa Kwesi Abaidoo, pointed to an absence of physical impact analysis, which formed the basis for the passage of the Bill.
But, though Counsel for Parliament, Thaddeus Sory, sought leave to be allowed to file it as a supplementary affidavit, the Court said, it could only be useful in the substantive matter and not the application for interlocutory injunctions.
Godfred Yeboah Dame, argued that the Bill ought to be stayed until the final determination of the substantive suit.
The panel of five chaired by the Chief Justice, with Justice Mariama Owusu, Justice Prof. Henrietta Mensa-Bonsu, Justice Ernest Gaewu and Justice Yaw Darko Asare, will determine whether to grant the request or not.
Among the reliefs sought in Richard Sky’s writ is 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.
The Plaintiff is also asking the Court for an order restraining the President of the Republic from assenting to
The Human and Sexual Values Bill, 2024, as such action will directly contravene the Constitutional safeguards of the liberties and rights of Ghanaians.
“An injunction barring any attempts to enforce the provisions of The Human Sexual Rights and Family Values Bil 2024, particularly those criminalizing same-sex relationships and related advocacy efforts,” he asked.
