‘I await an indication in writing from your Office on when to present the Bill’ – Clerk to Parliament replies Bediatuo Asante

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The Clerk to Parliament, Cyril Ansah has replied to the letter from the Secretary to the President, Nana Bediatuo Asante, asking the latter to let him know when to submit the Human Sexual Rights and Family Values Bill, 2024 for presidential assent.

In the reply dated April 10, Mr Ansah wrote that he has taken note of the reason cited by Mr Asante. He is thus awaiting further notification on next steps.

“I have taken note of the contents of the letter, particularly the text in the last paragraph, which states that “In the circumstances, you are kindly requested to cease and desist from transmitting the Bill to the President until matters before the Supreme Court are resolved”.

Accordingly, I await an indication in writing from your Office on when to present the Human Sexual Rights and Family Values Bill, 2024 to His Excellency the President for his consideration, pursuant to article 106(7) of the Constitution, 1992,” portions of the letter read.

What did the President’s Secretary say in his letter? 

It would be recalled that Nana Bediatuo Asante in his letter dated March 18, 2024 asked Parliament to “cease and desist from transmitting the Bill to the President until the matters before the Supreme Court are resolved”.

“This Office is aware of two pending applications for an order of interlocutory injunction, both filed on 7th March 2024, in the Supreme Court in Dr. Amanda Odoi v. The Speaker of Parliament and The Attorney-General (J1/13/2023) and Richard Sky v. The Parliament of Ghana and The Attorney-General (11/9/2024), respectively, to restrain you and Parliament from transmitting the Bill to the President and, also, to restrain the President from signifying his assent to the Bill, pending the final determination of the matter,” the President’s Secretary requested.

Speaker of Parliament’s reaction

Two days later, the Speaker of Parliament, Alban Bagbin announced that the House is unable to continue the processes that would lead to the approval of ministers designate vetted by the Appointments Committee.

He said this decision has been occasioned by the pendency of an interlocutory injunction filed by the Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor.

“Hon Members, I also bring to your attention, the receipt of a process from the Courts titled Rockson-Nelson Etse K. Dafeamekpor vrs the Speaker of Parliament and the Attorney-General (Suit no. J1/12/2024) which process was served on the 19th of March 2024 and an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President until the provisions of the constitution are satisfied.

Hon. Members in the light of this process, the House is unable to continue to consider the nominations of His Excellency the President in the “spirit of upholding the rule of law“ until after the determination of the application for interlocutory injunction by the Supreme Court,” Mr Bagbin stated.

This was contained in a 62-point “Formal statement by the Speaker on the refusal of the President to accept the transmission of the Human Sexual Rights and Family Values Bill, 2021” read by Mr Bagbin on March 20, 2024.

Bagbin gives Akufo-Addo a taste of his own medicine; halts approval of ministers designate due to injunction

Latest development 

Meanwhile, an Accra High Court has granted Member of Parliament (MP) Rockson-Nelson Dafeamekpor’s expedited hearing motion application that is seeking to compel President Nana Addo Dankwa Akufo-Addo to accept and assent to or otherwise, the Human Rights and Family Values Bill 2024.

The South Dayi lawmaker maintained that the case has “important constitutional considerations and must receive urgent attention.”

TV3’s Legal Affairs Correspondent Joseph Ackah-Blay, who was in court for the hearing on Tuesday, April 9 reported that representatives from the Attorney-General’s office did not oppose the motion.

Anti-LGBTQ bill: Court grants Defeamekpor’s expedited hearing motion seeking to compel Akufo-Addo to sign