Attorney-General Godfred Yeboah Dame said based on that provision, Parliament should not have considered the anti-LGBTQ bill.
Dame said the Human Sexual Rights and Family Values Bill would impose a burden on the Consolidated Fund and other public funds and therefore should not have been introduced as a Private Member’s Bill.
He cited Article 108 of the Constitution to support his position.
At a hearing on Wednesday, the Attorney General put forward his case and explained that the conditions required to address the bill were also not satisfactory.
He said there were prerequisite steps that Parliament had to take, failure to do so would render the entire bill and its procedures invalid.
The Attorney General is therefore seeking the Supreme Court to grant an application for an injunction filed by an academic, Dr Amanda Odoi, and media personality, Richard Della Skye, to stop the bill being sent to the President and his assent.
Currently, two cases have been filed in the Supreme Court challenging the passage of anti-LGBTQ+ bills passed by Parliament.
In his lawsuit, Richard Della Sky challenges the constitutionality of Congress’ passage of the Human Sexual Rights and Family Values Act.
The plaintiffs are seeking the Supreme Court to declare the Bill invalid, alleging that its passage violates the provisions of the 1992 Constitution, particularly Articles 33(5), 12(1) and (2), 15(1), 17(1) and (2), 18(2), 21(1)(a)(b)(d) and (e).
Skye is seeking eight reliefs, including an order that “the Speaker of Parliament has breached Article 108(a)(ii) in light of Articles 296(a)(b) and (c) of the Constitution by approving and authorising Parliament to consider and pass the Human Rights and Family Values Bill, 2024, which imposes a charge on the Ghana Consolidated Fund and other public funds.”
Meanwhile, Dr Odoi expressed concern over certain provisions of the Human Sexual Rights and Family Values Bill.
She is also seeking an injunction to stop the Speaker, Attorney General and Clerk of Parliament from sending the bill to President Akufo-Addo for approval.
The Supreme Court is expected to rule on the petition on July 17.
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