The Supreme Court slammed the Speaker’s lawyers for wasting its time with their preliminary objection to the case against the Human Sexual Rights and Family Values Bill or anti-LGBTQ+ bill.
The court dismissed the objection from the Speaker of Parliament’s lawyer, Thaddeus Sory when Richard Sky’s legal team sought to amend a relief on the motion for injunction.
Mr Sory argued that allowing the amendment would contradict his earlier objections stated in filed documents.
After hearing the arguments, Chief Justice Gertrude Torkornoo did not appear enthused.
Speaking during the proceeding which was broadcast live on May 8, the Chief Justice told the lawyers of the Speaker of Parliament that “You have taken our time and energy for nothing.”
She said the bench’s “considered view is that the preliminary objection is unnecessary and does not seek to assist any process before this court.”
“Every party has an inherent right to present the appropriate formulation of their reliefs or other processes before the court to enable the court to determine the real matters in controversy. The objection is dismissed,” she said.
In the end, the court granted an application by the plaintiff to amend his reliefs in his suit challenging the constitutionality of Parliament in passing the bill.
The apex court is also heard a similar case filed by a researcher, Dr Amanda Odoi challenging the passage of the anti-LGBTQ+ bill.
President Nana Addo Dankwa Akufo-Addo cites the two lawsuits as having stalled the transmission of the bill to him for his assent or otherwise.
Mr Sky, a lawyer cum journalist, is seeking for the bill to be declared null and void. Again, the Plaintiff also 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).
Mr. Sky is seeking eight reliefs including an order 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 Rights and Family Values Bill, 2024’ into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.”
But after a back and forth between the lawyers, the Chief Justice, Gertrude Torkonoo granted the application.
The Court gave Mr Sky up to the 17th of May to file a new process.
Source: myjoyonline.com
