News Recap

Supreme Court ready to hear anti LGBTQ challenge and other legal news

Via Edwin A.

Supreme Court commences hearing Anti-LGBT Bill.

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. 

One Person arrested by the Police in connection with the shooting of a soldier at Kasoa

On 1st May, 2024, the Ghana Police Service arrested an adult male in connection with a shooting incident at Kasoa Millennium City in the Central Region, which led to the death of the serving military officer, identified as Lance Corporal Michael Danso. 

According to a police press release dated 1st May, 2024, preliminary investigations, established that, the suspect, Bernard Ababio allegedly shot the soldier at Kasoa millennium city, on Tuesday, 30th April 2024 at about 4:20 pm, over a dispute concerning ownership of a piece of land. 

The suspect, Benlord Ababio, is currently in police custody to assist the police as investigations into the matter continues. This was after the District Court, Achimota, remanded him to enable the police conduct further investigations into the matter. He will reappear in court on Thursday, 16th May, 2024. 

Although investigations are ongoing, the story or incident however once again brings to the fore the frustrations and challenges involved in acquiring and developing land in many parts of Ghana and the existential threat that some unscrupulous persons known as “land-guards” pose to national security. 

Alabama Supreme Court rejects requests to revisit frozen embryo ruling

On 3rd May 2024, the Alabama Supreme Court rejected an invitation to reconsider a controversial ruling that held frozen embryos are  children under state law. In a 7-2 ruling, the Supreme Court rejected the said request by the centre for Reproductive Medicine and Mobile Infirmary.

In the earlier ruling, Justices of the state Supreme Court decided that, three couples could pursue wrongful death lawsuits to their “extrauterine children” after their frozen embryos were mistakenly destroyed in a storage facility.  For fear of civil liabilities, some clinics have stopped rendering IVF services.

Court Again Adjourns arraignment of APC Chairman, Ganduj, wife in a $413,000 bribery Case

On Monday, 30th April 2024, the Kano State High Court adjourned the arraignment of the former Kano State Governor and current APC chair, Abdullahi Ganduje, on bribery charges. Ganduje, Hafsat his wife and Umar his son, and five others who are the defendants in the case were expected to be arraigned on bribery allegation, diversion and misappropriation of funds to the tune of N.1.38 Billion.

The defendants were first scheduled to be arraigned before the High Court on 17th April 2024 but same was called off.  The arraignment was again stalled for the second time on Monday over the difficulty of prosecutors to serve the defendants with the charge sheet. Prosecutors blamed the situation on unsuccessful service and applied to the court to grant them the leave to serve the defendants via substituted means.

By Abena Adansoa

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