Foh-Amoaning on Anti-Gay Bill Suit: ‘The Time to Challenge It Is Not Now
Court Rules Legislative Process Intact as Foh-Amoaning Highlights Timing of Judicial Review
- The Supreme Court unanimously dismissed Richard Dela Sky’s petition, citing it as premature
- Moses Foh-Amoaning emphasized that challenges can only be made after the bill becomes law
- The ruling reaffirmed the constitutional procedures guiding Ghana’s legislative process
Moses Foh-Amoaning, Executive Secretary of the National Coalition for Proper Human Sexual Rights and Family Values, has described Richard Dela Sky’s legal challenge against the Anti-Gay Bill as “premature.”
On December 18, 2024, the Supreme Court, led by Justice Lovelace Avril Johnson, unanimously dismissed a petition filed by journalist and lawyer Richard Dela Sky. Sky had argued that Parliament failed to meet the required quorum under Articles 102 and 104 of the Constitution, rendering the legislative process unconstitutional.
Sky further contended that the bill infringed on constitutional provisions protecting rights such as equality, freedom of expression, and protection from discrimination, citing Articles 33(5), 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1)(a), (b), (d), and (e).
In response to the ruling, Foh-Amoaning welcomed the decision, emphasizing that the challenge was premature since the bill has not yet been enacted into law. He pointed out that the Supreme Court’s jurisdiction applies to matters concerning existing enactments, not proposals.
“The Constitution is clear: a bill is merely a proposal. Until it is signed into law, it does not meet the threshold for judicial review,” Foh-Amoaning remarked. He further noted that challenges to the bill’s constitutionality should only arise after its enactment.
The Supreme Court’s decision has been hailed as a reinforcement of constitutional and legislative procedures in Ghana.
