Anti-LGBT+ Bill in Ghana Approved by the Supreme Court

In Ghana, the Supreme Court has given the green light for the enactment of the so-called anti-LGBTQ bill. The country’s highest court rejected two appeals challenging the constitutionality of the text adopted in late February by Parliament. The proposed law includes prison sentences ranging from 3 to 10 years for anyone identified as a member of or “promoting” the LGBTQ community.

Human Rights Activists’ Reaction to the Ruling

The announcement of the Supreme Court’s decision to dismiss the appeals—which until now had prevented the bill from becoming law—has sparked fear among the LGBTQ community, according to Ebenezer Peegah, a Ghanaian LGBTQ rights activist.

“For those who already harbor hatred for the community, this ruling will further embolden them to harm queer individuals and the community as a whole, which already lives in fear,” he said. Peegah also noted that this ruling comes in the wake of a presidential campaign, which concluded on Saturday, December 7, and had already exacerbated tensions and hostility.

Pressure on the Judges

Abena Takyiwaa Manuh, a member of the Ghana Center for Democratic Development, believes that the judges were not immune to external pressures. “We know the decision was unanimous and that the judges are highly respected. However, this issue has greatly stirred public opinion. There was significant pressure on the court, accompanied by various threats.”

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Dismissal Based on Procedural Grounds

The panel of seven Supreme Court judges unanimously rejected the two appeals filed against the anti-LGBTQ bill during their session on Wednesday. Their decision, however, was not based on the substance of the legislation but on procedural grounds. The judges argued that the complaints targeted a law that has not yet been signed by the president, rendering the appeals legally “premature.”

The next step is for the bill to be presented to President Nana Akufo-Addo, who must decide whether to approve it or veto it. It’s worth noting that the outgoing president had previously stated, as early as March 2024, that he would not comment on the bill as long as it was being contested in the Supreme Court. His political opponents have accused him of shirking responsibility, citing concerns about losing financial aid from the World Bank.

Calls for Presidential Action

Both Abena Takyiwaa Manuh and Ebenezer Peegah are now appealing to outgoing President Nana Akufo-Addo to refrain from signing the bill. They have urged him to honor his commitments to human rights.

Meanwhile, the plaintiffs’ lawyers are considering a request for a review of the Supreme Court’s ruling. However, one of the lawyers interviewed by RFI expressed doubts about the likelihood of success, given the judges’ unanimous consensus.