The law that prohibits unnatural carnal knowledge, such as anal sex has been declared constitutional by a seven-member Supreme Court panel led by Justice Paul Baffoe-Bonnie.
A writ challenging the validity of Section 104 (1) (b) of the Criminal Offenses Act, 1960 (Act 29) was unanimously dismissed by the panel.
Dr. Obiri-Korang, a law lecturer, filed a lawsuit against the Attorney General, requesting a ruling on the constitutionality of section 104(1)(b) of the Criminal and Offenses Act 1960 (Act 29), among other things.
Justices Omoro Amadu Tanko, Ernest Gaewu, Adjei-Frimpong, Avril Lovelace-Johnson, Emmanuel Yonny Kulendi, and Yaw Darko Asare are deferring the reasons they offered till a later time on Justice Baffoe-Bonnie’s panel.
In the Plaintiff’s case, the unconstitutionality of Act 29’s section 104(1)(b) is based on the section’s infringements on an individual’s right to privacy, freedom from discrimination, and other rights.
Additionally, he argued that Section 104(1)(b) of Act 29 violates Articles 18(2), 17(2), and 14(1) of the Republic of Ghana’s 1992 Constitution.
The section of Act 29 complained about reads;
104. Unnatural carnal knowledge
(1) A person who has unnatural carnal knowledge.
(b) of another person, not less than sixteen years of age with the consent of that other person commits a misdemeanour.
The Plaintiff seeks to cause the apex Court to toe the line of Constitutional Courts in India some parts of the Caribbean and other States with similar laws on unnatural sexual intercourse which have been pronounced on as unconstitutional.
