he Supreme Court’s unanimous dismissal of journalist and lawyer Richard Dela Sky’s petition against the Human Sexual Rights and Family Values Bill has been hailed as a correct application of constitutional principles by Moses Foh Amoaning, Executive Secretary of the National Coalition for Proper Human Sexual Rights and Family Values.
The seven-member panel, led by Justice Lovelace Avril Johnson, ruled that Sky’s challenge of the bill’s constitutionality was premature, as the proposed legislation had not yet become law. Mr. Foh Amoaning, speaking on Joy FM’s Midday News on Wednesday, December 18, 2024, emphasized that a bill remains a proposal until it is passed by Parliament and signed into law by the President.
“This case was premature. The Constitution is clear that the Supreme Court’s original jurisdiction can only be invoked in matters involving anything done or purported to have been done under an enactment. A bill is not an enactment—it is merely a proposal,” he stated.
The Human Sexual Rights and Family Values Bill has sparked widespread public debate, as it seeks to criminalize LGBTQI-related advocacy, including funding, promotion, and indirect support. Mr. Foh Amoaning noted that the legal framework governing the legislative process must be respected, and challenges to the bill’s constitutionality can only be made after it becomes law.
“The proper time to challenge the constitutionality of this bill will be after it has been signed into law. At this stage, any action against it is premature,” he explained.
He further outlined the constitutional steps for a bill to become law, including its passage through Parliament, review by the President, and potential referral to the Council of State. If the President withholds assent, Parliament can override the decision with a two-thirds majority to enact the bill.
The ruling reinforces the procedural safeguards of Ghana’s legislative process, providing clarity on the limits of judicial review concerning proposed laws.
