Ghanaian Court Dismisses Legal Challenge Against Anti-LGBTQ Bill

Accra, Ghana - A Ghanaian court today dismissed a significant legal challenge against President Nana Akufo-Addo’s decision to withhold assent to a controversial anti-LGBTQ bill, pending the resolution of two ongoing legal disputes. This development marks a pivotal moment in the country’s heated debate over LGBTQ rights.

The anti-LGBTQ legislation, passed by Ghanaian lawmakers in February, seeks to impose stricter penalties on LGBTQ activities and has sparked widespread controversy both domestically and internationally.

While the bill awaits presidential approval, President Akufo-Addo has expressed his intention to delay signing the bill into law until the conclusion of related legal battles, a stance that has frustrated some members of parliament.

This becomes the second successful legal challenge in Africa following the footsteps of Uganda's Constitutional Court that dismissed a petition that sought to have the controversial Anti-Homosexuality Act, 2023 declared unconstitutional for violating a myriad of Uganda's constitutional provisions.

Lawmaker Rockson-Nelson Dafeamekpor, representing the opposition in this issue, escalated his dissatisfaction to the judicial system, challenging the president's delay.

However, Justice Ellen Lordina Serwaa Mireku ruled against forcing the president's hand while the bill is still under judicial review, asserting that it is imprudent to act on legislation that is currently the subject of legal disputes.

The current legal framework in Ghana already criminalizes homosexual acts, with penalties including up to three years in prison. The proposed legislation aims to intensify these punishments further and could potentially exacerbate the challenges faced by the LGBTQ community and their supporters within the nation.

Proponents of the bill argue that it is essential for maintaining societal norms and values, but critics, including international human rights organizations and economic analysts, warn of significant repercussions.

The Ghanaian Finance Ministry has cautioned that the enactment of such stringent laws could jeopardize vital financial support from international bodies like the World Bank and the International Monetary Fund. These concerns are underscored by recent actions from the World Bank, which ceased financial aid to Uganda following its enactment of similar anti-LGBTQ legislation in 2023.

Despite the setback in court, Dafeamekpor’s legal team has announced plans to appeal the decision, signalling that the fight over this legislation is far from over. In a public statement, Dafeamekpor voiced his disappointment, emphasizing a commitment to equal rights and criticizing the delay as unjust.

This ongoing legal and legislative battle underscores the complex and contentious nature of LGBTQ rights in Ghana, reflecting broader global conflicts over human rights and cultural values.