The Supreme Court of Ghana has upheld a controversial anti-LGBTQ bill, dismissing two legal challenges aimed at overturning the legislation.
The ruling, delivered on Wednesday, paves the way for the bill to potentially become law, pending presidential assent.
The legislation, known as the Sexual Rights and Family Values Bill, was approved by Ghana's parliament in February and proposes severe penalties for sexual minorities. It mandates jail terms ranging from six months to three years for individuals engaging in same-sex relationships and up to five years for those promoting or supporting LGBTQ+ activities.
Despite its popularity among certain segments of the Ghanaian public, the bill has been heavily criticized by human rights organizations and international bodies for its draconian measures against the LGBTQ+ community.
Justice Avril Lovelace-Johnson, head of the seven-member panel, stated during the televised ruling, "It will be premature for this court to exercise its interpretive and enforcement jurisdiction to intervene.
Consequently, the action fails." She further emphasized that without presidential assent, there is no act for the Supreme Court to overturn.
Outgoing President Nana Akufo-Addo, who is set to step down on January 7, 2025, has yet to sign the bill into law, citing the need for a constitutional review. His successor, John Mahama, has previously expressed opposition to expanding LGBTQ+ rights but has not indicated whether he would endorse the bill.
The decision has drawn sharp criticism from various quarters. Abena Takyiwaa Manuh, a senior fellow at the Accra-based Centre for Democratic Governance, expressed concern over the ruling's implications, stating, "This kind of formalism actually puts at risk the lives and health of members of the (LGBT) community and some of us who are human rights defenders."
The bill's potential enactment also poses significant economic risks for Ghana.
The finance ministry has warned that it could jeopardize $3.8 billion in World Bank financing and derail a $3-billion loan package from the International Monetary Fund, crucial for addressing the country's ongoing economic crisis.
Internationally, the United Nations has urged Ghana not to proceed with the bill, highlighting the adverse impact on human rights and the potential for increased discrimination and violence against the LGBTQ+ community.
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