The High Court in Accra has blocked Lockson-Nelson Dafair-Makpol’s mandamus application asking National Assembly Speaker Alban Bagbin and President Akufo-Addo to act on the LGBTQ+ bill within seven days.
The postponement came after the court granted the applicant’s (Dafeamakpor) application to shorten the hearing of the application today.
After the application for shortening the deadline was granted, the applicant, attorney Nii Kpakpo Samoa Ado, proceeded with the application for power of attorney.
However, this was opposed by the state attorney, who will have the opportunity to advance his case at the next meeting.
The case was adjourned until April 18 for further arguments and subsequent judgment.
South Dai Member of Parliament (MP) Rockson Nelson Dafairmekpol has applied to the High Court to force the Speaker of Parliament to submit an anti-LGBT bill to the President within seven days.
The plaintiffs are also asking the court to force the president to accept the bill and sign or indicate to Congress that he disagrees within the same period.
The application for judicial review of the nature of the enforcement action, filed on March 22, is premised on the formal passing of the Human Rights and Family Values Bill by the Ghanaian Parliament pursuant to Article 106(1), (2). . , (3), (4), (5), (6) of the 1992 Constitution of Ghana.
The lawmaker, who is also the plaintiff, argued that the bill “must be transmitted to and received from the President of Ghana for his assent or pursuant to Article 106(7) of the 1992 Constitution of Ghana.”
According to EIB Network Legal Correspondent Murtala Inusa, a Mandate Application is an application asking a court to compel or order a government official to properly perform his official duties or correct an abuse of discretion. It is said that there is.
The following are the reliefs sought by Plaintiffs in their Mandamus Application.
I. The Parliament of Ghana has duly complied with all constitutional provisions set out in Articles 106(1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana. A declaration. The Human Rights Sexual Rights and Family Values Bill will be passed on February 28, 2024.
II. Pursuant to Article 106(7) of the 1992 Constitution of the Republic of Ghana, the Parliament hereby submits to the 1st Respondent the Human Sexual Rights and Family Values Bill to the President of the Republic of Ghana: A mandate to do so. The Government of Ghana duly abides by all constitutional provisions set out in Articles 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana .
III. An order directing the President of Ghana to receive, subject to his assent or other conditions, the Bill on Human Rights and Family Values introduced by Parliament pursuant to Article 106(7) of the 1992 Constitution of Ghana.
IV. Within 7 days of the introduction of the Bill on Human Sexual Rights and Family Values, Ghana is required to notify the First Respondent of its refusal to consent to the Bill or to any subsequent Bill. Order addressed to the President of the Republic. Pursuant to Article 90 of the Constitution of Ghana, unless the Bill is referred to the Council of State by the President, Article 106(7) of the 1992 Constitution of Ghana shall apply.
V. Any other relief this court deems appropriate.