The Presidency in Ghana has requested the Parliament not to transmit the Proper Human Sexual Rights and Families Values Bill, 2021 to the President for his assent.
According to reports by the Ghanaian Times on Wednesday, the Presidency said in a letter dated March 18, 2024 and addressed to the Clerk to the Parliament, Cyril Kwabena Nsiah, that there were two interlocutory injunction applica¬tions filed at the Supreme Court to restrain the Legislature and Clerk to the Parliament from transmitting the Bill to the President for his assent and any attempt to proceed with the transmission of the Bill would be prejudicial.
“The Office is aware of two pending applications for an in¬terlocutory injunction, both filed on March 7, 2024 in the Supreme Court in Dr Amanda Odoi v The Speaker of Parliament and The Attorney-General and Richard Sky v The Parliament of Ghana and The Attorney-General respectively, to restrain you and Parliament from transmitting the Bill to the President, and, also, to restrain the President from signifying his assent to the Bill, pending the final determination of the matter,” the report quoted the letter as saying.
The letter added that the Attorney-General has informed the President of the applications and has “advised the President not to take any step in relation to the Bill until” the matter raised by the suits are determined by the Supreme Court.
According to the letter, the Parliament had been duly served with the two injunction applications and that it would be improper for the clerk to proceed with the transmission.
“It would be improper for you to transmit the Bill to the President and equally improper for this Office (of the President) to receive the Bill until the Supreme Court determines the matters raised in the suits.
“Indeed, it is settled law that, during the pendency of an inter¬locutory injunction application, the status quo ought to be preserved, and no action should be taken that would result in prejudicing the in¬junctive relief sought and undermin¬ing the authorities of the court.
“In the circumstances, you are kindly requested to cease and desist from transmitting the Bill to the President until the matters before the Supreme Court are settled,” the letter added.
However, the former Minority Leader and MP for Tamale South, Haruna Iddrisu, has described the decision of the Office of President as grave constitutional threat to Ghana’s democracy.
“I’m unable to sleep and I’m unable to sleep because this is a monumental threat to Ghana’s democracy and a monumental threat to Parliament as an institution.
“This letter reflects President Akufo-Addo’s quest of predomi¬nance over other organs of state. That is unacceptable and that must be stopped by all persons who love democracy and who cherish the principles and values of the 1992 Constitution,” Haruna Iddrisu told journalists on Tuesday in Accra.
According to the Parliamentarian, Article 93 of Ghana’s Constitution is clothed with legislative authority and could not be inducted from undertaking that mandate as being sought by the two applicants.
He argued that an application for injunction was not application in itself for the President to delineate his duty as he’s enjoined by the Constitution.
The lawmaker insisted that the count from the day the Clerk submitted the Bill to the Office of the President was on and should the President not assent or communi¬cate back to Parliament within seven days why he can’t assent to the Bill as required of him in Article 106(7), “we will hold the president responsi¬ble for constitutional breach”.
GIK/APA
LGBTQ+: Ghana presidency urges parliament not to transmit bill
