An Accra High Court has dismissed the mandamus application filed by Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor seeking among others to compel President Akufo-Addo to assent the anti-LGBTQ Bill passed by Parliament.
Lawyers for the Attorney-General represented by Chief State Attorney Sylvia Adeso argued that the High Court had no jurisdiction to grant the application being filed by Rockson-Nelson Dafeamekpor.
Justice Ellen Mireku in her ruling however indicated that the Court has jurisdiction, but dismissed the mandamus application using her discretionary powers.
She noted that two suits filed by private citizens Prof Amanda Odoi and Richard Dela Sky had direct implications into the mandamus application and hence declined the reliefs being sought by the South Dayi member of Parliament.
The application seeks to first allow Parliament to transmit the anti-LGBTQ bill to the President and secondly, for the President to accept the bill and to either assent to it or communicate his reasons for not assenting to Parliament in seven days as the 1992 Constitution stipulates.
The lawyers for the MP further argued that once Parliament has duly passed such laws, the President cannot hide behind any “supposed pending case to decide” whether to accept the bill or not.
They maintained that the President cannot dictate how Parliament should do its job.
Reacting to the ruling, lead counsel for the South Dayi MP indicated that they will appeal the decision by the court.
“I’m a bit satisfied that the court said it has jurisdiction to hear the matter. If we meet the criteria for granting the remedy and we have satisfied the necessary requirements the discretion I believe should be exercised in favour of the Constitution and not wait for the Supreme Court to deal with the matter. This is a life matter.
“We are likely to go to the Court of Appeal, ” Nii Kpakpo Samoa Addo told journalists.
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Background
Mr Dafeamekpor on March 25 filed a new application at the High Court to compel the Speaker of Parliament to submit Anti-LGBT bill to the President within 7 days.
The Plaintiff is also asking the Court to compel the President to accept the bill and either sign or indicate to Parliament he cannot assent within the same period.
He filed this motion on the grounds that the Human Sexual Rights and Family Values Bill has been duly passed by the Parliament of Ghana in compliance with Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
Plaintiff further argued that the Bill “must be transmitted to and received by the President of Ghana for assent or otherwise in accordance with Article 106 (7) of the 1992 Constitution of Ghana.”
An application for Mandamus is a request to a Court asking it to compel or order a government official to properly fulfill their official duties or correct an abuse of discretion.
Below are the reliefs being sought by the Plaintiff in his application for Mandamus:
I. A declaration that the Parliament of Ghana duly complied with all the Constitutional provisions stipulated in Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana in the passage of the Human Sexual Rights and Family Values Bill on the 28th of February, 2024.
II. An Order of mandamus directed at the 1st Respondent herein to present the Human Sexual Rights and Family Values Bill to the President of the Republic of Ghana herein in accordance with Article 106 (7) of the 1992 Republic Constitution of Ghana on the basis that the Parliament of Ghana has duly complied with all the Constitutional provisions stipulated under Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
III. An Order directed at the President of Ghana to receive the Human Sexual Rights and Family Values Bill as presented by Parliament in accordance with Article 106 (7) of the 1992 Constitution of Ghana for the purposes of his assent or otherwise.
IV. An Order directed at the President of the Republic of Ghana to signify to the 1st Respondent herein, within seven days after the presentation of the Human Sexual Rights and Family Values Bill, his assent to the Bill or that he refuses to assent to the bill in accordance with Article 106 (7) of the 1992 Constitution of Ghana unless the Bill is referred by the President to the Council of State pursuant to Article 90 of the Constitution of Ghana.