Gaby Otchere Darko, a leading member of the New Patriotic Party (NPP), has reiterated her opposition to custodial sentences in the anti-gay bill passed by Parliament.
He said the anti-gay bill imposed harsher penalties on homosexuals than on a 70-year-old man who married a 14-year-old girl.
His comments came as 63-year-old Gbolubu Wolomo of Nungua, head priest of Numo Borketi Lawe XXXIII of Nungua, married a 12-year-old girl, Na Okromo.
“According to the Children Act 1998 (Act 560), forcing a minor into marriage in Ghana is punishable by up to 12 months in prison,” Otchere Darko said in a post on his X platform.
“This law, which supposedly seeks to protect our family values (which, by the way, ignores child marriage), once passed, would constitute ‘deliberate promotion, sponsorship, or support of LGBTQ+ activities.’ In fact, if two consenting adults of the same sex are caught kissing in public, a 70-year-old man who married a 14-year-old girl could face up to five years in prison. harsher penalties will be imposed.”
In Ghana, the Children Act 1998 (Act 560) makes forcing a minor into a marriage punishable by up to 12 months in prison. Once agreed, perhaps laws that seek to protect our family values (ignoring child marriage, by the way) will impose prison sentences…
— Gabby Otchere Darko (@GabbyDarko) April 2, 2024
Meanwhile, private lawyer Martin Kupebu argued that the state should amend Section 14 560 of the Children Act 1998 to reflect the age at which a girl can betrothed to another man.
Yesterday and Tonight Talk to Alfred Okansie about Ghana [Tuesday, March 2]”So the question is, at what age can she consent to the engagement?” said lawyer Kupeb. Not mentioned in Article 14. Rather, it describes marriage. [Section] 14(2)”.
According to Article 14(2) of the Act, the minimum age for any form of marriage is 18 years.
Mr. Kpebu further argued that given the circumstances in which engagement is recognized in Ghana’s environment, it is imperative that the law be amended to clearly define the age at which girls can consent to engagement.
“The context in which betrothal has been used, and what we know as it is, is not marriage… it is a transaction in which marriage takes place when the children grow up and reach marriageable age.
“This means that the lawmaker was once engaged and then twice, which meant it was different from marriage,” lawyer Martin Kupev explained.
He stressed that while the law clearly stipulates a minimum age for marriage (18 years), the same cannot be said for engagement, which is why the law needs to be amended.
“I cannot say that the minimum age for engagement is 18. I cannot say that because there is no explicit provision,” he told Alfred Ocansey.
In a statement dated Monday, April 1, Gadangme Council clarified that the relationship between the 12-year-old girl and Gbolubu Wolomo of Nungua is an engagement and not a marriage.
“It is important to clarify that traditional rulers have said that a relationship with an underage girl is an engagement, not a marriage. For us, this distinction changes the legal meaning. I did.”
“We tend to side with Gbolubu Wolomo, as the original reportage indicated that there were other rituals to cleanse the girl and prepare her for childbirth,” the statement reads in part. .