The Judicial Service of Ghana (JSG) says that its attention has been drawn to news reports by TV3 and other media
of the intention of the Sponsors of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill
to protest against the Chief Justice on September 17.
The Judicial Service stated that in the said report, the Member of Parliament for Ningo-Prampram, who is one of the
sponsors of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill (Anti- LGBTQ+ Bill)
indicated that they would march against the Chief Justice on September 17, 2024 dubbed the ‘Family Values
March’.
“According to the Honorable Member of Parliament, the decision of the Supreme Court on July 17 2024 to defer
ruling on the interlocutory injunction to restrain Parliament from transmitting the Anti- LGBTQ+ Bill to the
President for Assent until the substantive case is heard and determined, is a ‘deliberate and malicious’ attempt by the
Chief Justice to delay the passage of the Bill into law, necessitating the protest march to demand a timetable for the
hearing of the case.
The Judicial Service of Ghana explained that currently there are two cases before the Supreme Court on the matter,
which are Suit No. J1/09/2024 titled ‘Richard Sky vrs 1. Parliament of Ghana 2.Attorney General’ and Suit No.
J1/13/2023 titled ‘Dr. Amanda Odoi Vrs 1.Speaker of Parliament 2. Attorney General’.
The Judicial Service explained that the first processes filed and heard in the two actions, were ‘Applications for
Interlocutory Injunction to Restrain Parliament from Transmitting the Anti- LGBTQ+ Bill to the President for
Assent’.
The hearings were covered by live TV.
The Judicial Service recalled that the Supreme Court sat as a panel of five Judges to hear the two applications on 8 th
May 2024, 3 rd July 2024 and 17 th July 2024. On 17 th July 2024, the Supreme Court decided to defer the grant or
refusal of injunction in the two applications. The reasons for arriving at this decision were stated in the ruling on the
Amanda Odoi case, which was adopted in the Richard Sky case. The court said: … ’we are convinced that the
matters raised for this application can be better dealt with by obtaining all facts through an early trial, than
by considering the peculiar merits of the purposes of this application at this time. We also hold the view that an
early trial of the action will serve the cause of justice, in view of the fact that it will render a clear view of the
constitutional issues raised, than a sustained dispute over interlocutory matters’. A copy is attached.
CONSTITUTIONAL ACTIONS
The Judicial Service explained that in any constitutional action in the Supreme Court, the Plaintiff is required to file
a Statement of Case. The Plaintiff's Statement of Case should be defended by the Defendant in a Statement of Case
within fourteen days of receiving the Plaintiff's Statement of Case (Rule 48 of the Supreme Court Rules 1996, CI
16). After the two Statements of Case have been filed, the parties have to file a Joint or separate Memorandum of
Issues stating the constitutional questions in dispute that the parties want the Supreme Court to give a decision on
(Rule 50 of the Supreme Court Rules 1996, CI 16).
STATUS OF THE TWO CASES BEFORE THE SUPREME COURT
SUIT NO. J1/09/2024 RICHARD SKY's CASE
This case was started with a Writ filed on 5' h March 2024. As at 31" July 2024, when the Supreme Court went on
recess, neither Parliament (1" Defendant), nor the Attorney General (2 nd Defendant) had filed a defense to the
Plaintiff's action in the form of their Statements of Case. The three parties can only file the Memorandum of Issues
for the trial when the Statements of Case are in place. Until then, the Supreme Court cannot hear the case.
SUIT NO. J1/13/2023 DR. AMANDA ODOI VRS 1. SPEAKER OP PARLIAMENT 2. ATTORNEY GENERAL.
This case was started with a Writ filed on 11th June 2023. The 1 st defendant (Parliament) filed its Statement of Case
on 14th March 2024. The 2nd Defendant has not filed a Statement of Case. The three parties are to file the
Memorandum of Issues for the trial when the Statements of Case are in place. It is after the filing of the individual or
joint Memorandum of Issues that the Supreme Court will have the ability to try the case.
From the above, the parties have not completed the work they are to do before a hearing by the Supreme Court can
be conducted.
REGISTRIES
The Judicial Service assured the General Public that registries of the Supreme Court, Court of Appeal and High
Courts are open throughout the legal vacation, Christmas and Easter vacations to receive all processes that are due to
be filed.
The General Public is further assured of the Judiciary's readiness to adjudicate any matter that is ripe for hearing
The statement was issued by the Communications Department of the Judicial Service.
This was contained in a media update on the Anti -LGBTO+ bill cases before the Supreme Court and on the
intention of sponsors of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill to protest
against Chief Justice On September 17, 2024.
