A leading member of the New Patriotic Party (NPP) Gabby Otchere Darko has reiterated his opposition to the custodial sentencing in the anti-gay bill passed by Parliament.
He observed that the antigay bill imposes harsher punishment on homosexuals than on a 70-year-old man who marries a 14-year-old girl.
His comments come at a time Chief Priest, Nuumo Borketey Laweh XXXIII, the 63-year-old Gborbu Wulomo of Nungua married a 12-year-old girl, Naa Okromo.
In a post on his x platform, Mr Otchere Darko said “In Ghana, you face a maximum jail term of 12 months if you force a minor into marriage, according to Children’s Act 1998 (Act 560).
“Once assented, the law that seeks to presumably protect our family values (which ignores child marriage by the way) will impose a prison sentence of up to five years for the ‘wilful promotion, sponsorship or support of LGBTQ+ activities’. In fact, two consenting adults of the same sex face a stiffer sentence if they are found kissing in public than the 70-year-old man who marries a 14-year-old girl.”
In Ghana, you face a maximum jail term of 12 months if you force a minor into marriage, according to Children’s Act 1998 (Act 560). Once assented, the law that seeks to presumably protect our family values (which ignores child marriage by the way) will impose a prison sentence of…
— Gabby Otchere-Darko (@GabbyDarko) April 2, 2024
Meanwhile, Private legal practitioner Martin Kpebu has asserted that the state should amend Section 14 of the Children’s Act 1998, Act 560, to reflect the age at which a young girl can be betrothed to another man.
Speaking to Alfred Ocansey on Ghana Tonight yesterday [Tuesday, March 2], lawyer Kpebu said, “So the question is, at what age can she consent to betrothal? The Section 14 doesn’t state, rather it is marriage that is stated in the [Section] 14(2)”.
According to Section 14(2) of the Act, the minimum age for any form of marriage is eighteen (18).
Kpebu further argued that the context within which betrothal is granted in the Ghanaian setting makes it imperative to amend the law to clearly state the age at which a young girl can give consent to be betrothed.
“The context in which betrothal has been used, and what we know it as it is, is not marriage…it is a transaction that when the child grows up and is of marriageable age then the marriage takes place.
“So for the lawmaker to have used to be betrothed once and then betrothal once so like two times, they intended it to be different from marriage,” lawyer Martin Kpebu explained.
He emphasised that the Act is clear on the minimum age for marriage, which is eighteen but the same cannot be said for betrothal, hence the need to amend the law.
“We cannot say the minimum age for betrothal is eighteen, we can’t because there is no express provision,” he told Alfred Ocansey.
The GaDangme Council, in a statement dated Monday, April 1, clarified that the relationship between the 12-year-old girl and the Gborbu Wulomo of Nungua is a betrothal and not marriage.
“It is important to clarify that the traditional ruler has stated that the relationship with the underage girl is a betrothal and not a marriage. This distinction to us has altered the legal implications.”
“We are inclined to side with the Gborbu Wulomo since the original reportage made the point that there was another ceremony that awaited the girl to purify and prepare her for procreation,” the statement reads in parts.
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