Moses Foh-Amoaning, Executive Secretary of the National Coalition for Proper Human Sexual Rights and Family Values, has described Richard Dela Sky’s petition challenging the Anti-Gay Bill as “premature.”
On December 18, 2024, a seven-member Supreme Court panel, led by Justice Lovelace Avril Johnson, unanimously dismissed Sky’s petition.
The broadcast journalist and lawyer argued that the lack of a parliamentary quorum during the bill’s passage rendered it unconstitutional.
He also claimed the bill violated several constitutional rights, including equality, freedom of expression, and protection from discrimination.
Foh-Amoaning welcomed the court’s decision, highlighting that challenges to the bill could only be raised after it becomes law. He described the ruling as a reaffirmation of Ghana’s legislative process and constitutional principles.
“This case was premature. The Constitution is clear that the Supreme Court’s original jurisdiction can only be invoked in matters involving anything done or purported to have been done under an enactment. A bill is not an enactment, it is merely a proposal. Until it is signed into law, it does not meet the constitutional threshold for judicial review.
“The proper time to challenge the constitutionality of this bill will be after it has been signed into law. At this stage, any action against it is premature,” Mr Foh-Amoaning said on Joy FM on Wednesday, December 18.
