A further request has been made to the High Court by Member of Parliament (MP) for South Dayi, Rockson Nelson-Dafeamekpor, to force the Speaker of Parliament to present an anti-LGBT law to the President in a week.
Additionally, the Plaintiff is requesting that the Court order the President to approve the law and sign it or notify Parliament that he will not be able to consent to it in the allotted time.
Article 106 (1), (2), (3), (4), (5), and (6) of the 1992 Constitution of Ghana state that the Human Sexual Rights and Family Values Bill was duly enacted by the Ghanaian Parliament. This was the basis for the most recent appeal for judicial review, known as Mandamus, which was submitted on March 22.
The Bill “must be transmitted to and received by the President of Ghana for assent or otherwise under Article 106 (7) of the 1992 Constitution of Ghana,” according to the legislator who is the plaintiff.
A court can be asked to compel or require a government official to properly carry out their official duties or to rectify an abuse of discretion by applying for mandamus.
This action came after the MP filed a previous writ in the Supreme Court, asking for a restraining order to prevent the Speaker of Parliament from screening and approving ministerial nominees. The Speaker has refused to consider the President’s nominees’ fate as a result of this writ.
But, the Attorney General in a response said there was nothing before the Supreme Court inhibiting the work of Parliament because the Plaintiff’s action does not restrain Parliament.
Below are the reliefs being sought by the Plaintiff in his application for Mandamus
I. A declaration that the Parliament of Ghana duly complied with all the Constitutional provisions stipulated in Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana in the passage of the Human Sexual Rights and Family Values Bill on the 28th of February, 2024.
II. An Order of mandamus directed at the 1st Respondent herein to present the Human Sexual Rights and Family Values Bill to the President of the Republic of Ghana herein under Article 106 (7) of the 1992 Republic Constitution of Ghana on the basis that the Parliament of Ghana has duly complied with all the Constitutional provisions stipulated under Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
III. An Order directed at the President of Ghana to receive the Human Sexual Rights and Family Values Bill as presented by Parliament under Article 106 (7) of the 1992 Constitution of Ghana for his assent or otherwise.
IV. An Order directed at the President of the Republic of Ghana to signify to the 1st Respondent herein, within seven days after the presentation of the Human Sexual Rights and Family Values Bill, his assent to the Bill or that he refuses to assent to the bill under Article 106 (7) of the 1992 Constitution of Ghana unless the Bill is referred by the President to the Council of State according to Article 90 of the Constitution of Ghana.
V. Any other relief(s) this Honourable Court may deem fit.
SOURCE: Starrfmonline
