Anti-lgbtqi: A-G agrees with lawyers of Sky that Bagbin will be in contempt if he transmits bill to Akufo-Addo

Attorney-General Godfred Dame says that an argument that the speaker of Parliament will be in contempt if he moves to transmit the anti-lgbqti Bill to the President while the court case is still pending, is a sound argument.

Lawyer for broadcast Journalist Richard Sky who has filed a case against move to transmit the anti-lgbtqi bill to the president for assent,  Paa Kwasi Abaidoo, has told the speaker of Parliament Alban Bagbin that he will flout the law on contempt if he attempts to transmit the bill to the president while the case is still pending in court.

His comments come after the Supreme Court on Wednesday, July 17 deferred the ruling on the request to restrain Parliament from transmitting the Anti-LGBT bill filed by Dr. Amanda Odoi, until the substantive case is heard and determined.

The 5-member panel, chaired by Chief Justice, Gertrude Torkornoo adjourned the case indefinitely, TV3’s Joseph Ackah-Blay who was in court reported.

The same conclusion was given to the application filed by Richard Sky against the anti-lgbti bill, as well.

Speaking to journalists after the court proceedings, Abadioo said “By law when the application is before the court and it has not been determined yet, although it has not been expressly been stated or granted or not granted, once it is pending you don’t do anything to prejudice the outcome of the application. So we say that invariably or indirectly it is still restraining any party from from doing anything contrary to the demands of the application.”

Asked whether, for clarity, they do not expect parliament to transmit the bill, he said “No they can’t do it so far as this matter is spending otherwise it will amount to contempt of court to the best of our understanding of the law.”

Also speaking to journalists after the court proceedings, the Attorney-General said “That is a sound view.

“If as at this stage, the process has not been transmitted and there must be a reason for that, the reason is that there was an application for interlocutory injunction pending and the court has still not disposed for the application for interlocutory injunction.

“The court said the determination of the application for interlocutory injunction should abide by the determination of the main case and for that matter, it is reserving its determination until the main action is heard. It tells you that the application for the interlocutory injunction is still pending, it has not been disposed of. and so that will be proper cause to take.”

You’ll be in contempt if you transmit anti-LGBTQI bill to the President – Lawyer for Richard Sky tells Speaker

Background

There are currently two lawsuits before the Supreme Court challenging the passage of the anti-LGBTQ+ bill passed by Parliament.

Richard Dela Sky is challenging the constitutionality of Parliament’s passage of the “Human Sexual Rights and Family Values Bill.”

He argues that the bill violates several provisions of the 1992 Constitution, including Article 33(5) and Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1)(a)(b)(d) and (e).

Dr. Amanda Odoi has raised concerns about specific provisions within the Human Sexual Rights and Family Values Bill.

She is seeking a restraining order to prevent the Speaker, the Attorney-General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for approval.