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RICHARD SKY
V.
PARLIAMENT OF GHANA & ANOR

(2024) JELR 112829 (SC)

Supreme Court 18 Dec 2024 Ghana
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- The plaintiff has challenged the constitutionality of the 'Human Sexual Rights and Ghanaian Family Values Bill, 2021' passed by Parliament, arguing that it violates certain provisions of the Constitution of Ghana,1992, and seeks to uphold

Case Details

Suit Number:WRIT No: J1/09/2024
Judges:LOVELACE-JOHNSON, (MS) JSC (PRESIDING) PROF. MENSA-BONSU (MRS) JSC ACKAH YENSU, (MS) JSC ASIEDU, JSC GAEWU, JSC DARKO ASARE, JSC ADJEI-FRIMPONG, JSC
Counsel:PAA KWESI ABAIDOO ESQ. FOR THE PLAINTIFF WITH ARTHUR CHAMBERS ESQ. THADDEUS SORY ESQ. FOR 1ST DEFENDANT WITH PUUMAYA NANTOGMA. GODFRED YEBOAH DAME, ATTORNEY – GENERAL WITH DIANA ASONABA DAPAAH (DEPUTY ATTORNEY-GENERAL), DR. SYLVIA ADUSU (CHIEF STATE ATTORNEY), VICTORIA ADOTEY (STATE ATTORNEY) AND NANA KONADU FREMPONG (ASSISTANT STATE ATTORNEY).

JUDGMENT

PROF. MENSA-BONSU (JSC)

 

… “Then lest he may, Prevent.

And since the quarrel

Will bear no colour for the thing he is,

Fashion it thus: that what he is, augmented

Would run to these and these extremities

And therefore think him as a serpent’s egg

Which, hatched, would as his kind grow mischievous –

And kill him in the shell”

William Shakespeare ‘Julius Caesar’ Act 2 Scene 1

INTRODUCTION:

The plaintiff, a citizen of Ghana who, in a pre-emptive strike, has invoked the original jurisdiction of the Supreme Court under Article 2(1) and Article 130 of the Constitution of Ghana,1992, to challenge the constitutionality of the ‘Human Sexual Rights and Ghanaian Family Values Bill, 2021’ (“the Bill”) as passed by Parliament in 2024. The plaintiff says he is seeking to uphold the fundamental human rights and freedoms guaranteed under the Constitution of the Republic of Ghana,1992, and contends that the Bill, as passed by Parliament violates certain provisions in the Constitution of Ghana,1992. In…

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