The bill, which drew international condemnation, criminalizes sex acts within the gay community. Neither the outgoing nor the incoming president have confirmed they will sign it into law.
The Supreme Court of Ghana rejected on Wednesday two legal bids to block a controversial bill that punishes the country’s LGBTQ+ community for engaging in sexual acts.
Known as the Sexual Rights and Family Values Bill, the legislation was approved by parliament in February. It calls for jail terms of six months to three years for sexual minorities who are intimate with each other.
The bill had widespread public support in Ghana but was condemned internationally for curtailing LGBTQ+ rights.
The court ruled that as outgoing President Nana Akufo-Addo has not yet signed the bill into law, it cannot be declared unconstitutional.
“It will be premature for this court to exercise its interpretive and enforcement jurisdiction to intervene. Consequently, the action fails,” said Judge Avril Lovelace-Johnson, head of the court’s seven-member panel, reading from the judgment.
“Until there is presidential assent to the bill, there is no act of which the Supreme Court will use its supervisory jurisdiction to overturn,” she said.
Future of the law uncertain
Akufo-Addo, who was due to officially step down on January 7 after losing the country’s recent election, said he was waiting for a ruling on its constitutionality to sign the bill.
The president has not indicated what he will do next.
His successor, John Mahama, has said previously that he does not support expanded LGBTQ+ rights in Ghana but has not said whether he would sign the bill in question or not.
es/lo (AFP, Reuters)