The Supreme Court of Ghana would commence hearing of arguments on the Constitutionality or otherwise of the anti LGBTQ bill, which seeks to jail persons who identify as LGBTQ.
The hearing at the Apex Court- which commence on Wednesday 8th May 2024- should be distinguished from and comes on the heels of the recent decision at the High Court- which dismissed a challenge brought by some persons to essentially compel the President to assent to the anti- LGBTQ bill passed by Parliament in February, 2024.
The High Court had ruled inter alia that to the extent that there were some two pending suits at the Supreme Court on the bill, it would be prejudicial to make such an order- in the form of a Mandamus- directed at the Premier to assent to the bill.
Note that at the Supreme Court, hearing means that legal arguments on a matter or case have been filed by the respective parties-Plaintiff and Defendant (the Attorney General) and the court is ready to consider same under rule 51 of the C. 1. 16.
If the court at the hearing is satisfied that parties have complied with the rules then pursuant to rule 53 of the Supreme Court Rules, C. I. 16 as amended, the Court may request parties to file additional legal arguments or make oral submissions before the court. The court then adjourns to deliver Judgement on the merits.
Clearly the stakes are high as the people of this country wait on with bated breath as to what the decision of the Court would be, bearing in mind the far-reaching consequences for our jurisprudence and external economic relations.
