Samuel Nartey George, Member of Parliament for Ningo-Prampram, has criticised the Supreme Court’s decision to postpone its ruling on anti-gay cases until all related issues are fully resolved.
As the lead advocate for the Human Sexual Rights and Family Values Bill, which seeks to outlaw LGBTQ+ activities in Ghana, Sam George, along with other sponsors of the bill, has faced numerous legal challenges.
The Supreme Court had initially set July 17, 2024, for its ruling but later deferred the decision, citing the need to address all counter-suits related to the bill. This delay has sparked frustration among proponents of the legislation.
In an interview on Channel One TV’s “Face to Face,” hosted by Umaru Sanda Amadu, Sam George expressed his disappointment with the court’s action.
He noted, “We have seen three lawsuits—one by Richard Dela Sky, one by Dr. Amanda Odoi, and another by Prince Obiri-Korang, a lecturer at the University of Ghana.”
“Our bill is premised on section 104 of Act 29, the third case actually went to attack section 104, so if section 104 were considered unconstitutional, it would have rendered our entire bill [something]. That is basically the three cases we have had, the two cases are before the panel, chaired by Her Ladyship Chief Justice Gertrude Tokornoo, and the other one is from the University of Ghana lecturer went to a panel that had Justice Tanko Ibrahim and Justice Yonny Kulendi on that panel.
“The case by Amanda Odoi and Richard Sky had two parts to it, an interlocutory injunction restraining parliament from transmitting the bill. And the substantive matter of whether the bill itself met the constitutional requirements.
“The Supreme Court heard the case on the interlocutory injunction and said they were going to give a ruling on July 17, we went and the Supreme Court made a U-turn and said they were not going to make the ruling anymore, they wanted to finish hearing all the cases before they will give that ruling.
“Well, that is within the remit of the Supreme Court, even though, that in itself, in my humble opinion appears to be an abuse of the powers of the Supreme Court.”
Samuel Nartey George criticised the Supreme Court for indirectly hindering Parliament’s progress.
He expressed frustration that a timetable for the hearing has not been received and lamented the Supreme Court’s lack of urgency in addressing the main case. He argued that the matter is a national issue which needs expedited determination.
“Basically what the Supreme Court has done is stage judgements. The judiciary is stopping the legislature from doing a constitutional mandate. Based on Article 106/7 of the Constitution. The Chief Justice and the Supreme Court have restrained parliament from doing so without uttering those words.
“Now you say you want to hear the main case, they haven’t said anything to us, they haven’t given us a timetable. Are you hearing it now, one month or two years, nobody knows what’s going on. She has not even called the main case.”
Background
On February 28, 2024, Parliament approved the Human Sexual Rights and Family Values Act, 2024, which criminalizes LGBTQ+ activities, as well as their promotion, advocacy, and funding.
Those found guilty could face a jail term ranging from 6 months to 3 years, while those promoting and sponsoring the act could face a jail term between 3 to 5 years.
The bill has suffered some legal suits by two private legal practitioners Richard Dela Sky and Gender Activist Dr Amanda Odoi, who are seeking annulment of the bill.
Prince Obiri-Korang, a law lecturer at the University of Ghana, also initiated a suit to overturn the law.
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