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Call for Urgency: Anti-Gay Bill Advocates Ask Chief Justice to Expedite Legal Proceedings

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Social Demonstration Petitioners
Social Demonstration Petitioners

Supporters of the Pro-Family Values Bill, along with a coalition of religious and traditional groups, have petitioned the Chief Justice to expedite the hearing of two related cases.

After marching through the main streets of Accra, from Obra Spot at Kwame Nkrumah Circle to the Supreme Court, the petitioners presented their demands, urging the Court to schedule an urgent hearing within the next two weeks for two cases it postponed decisions on last July.

The Supreme Court, under the leadership of Chief Justice Gertrude Sackey Torkornoo, had deferred decisions on two applications that sought to stop the transmission of the anti-LGBTQ+ bill from Parliament to the Presidency.

Led by Mr. Sam George, the MP for Ningo-Prampram, the petitioners also called for measures to ensure that the rulings on these cases are made available in time to support the completion of the national legislative processes for the Pro-Family Values Bill this year.

They requested that the Chief Justice offer guidance for a long-term solution to ensure timely and effective access to justice for all citizens, even during judicial breaks or vacations.

The petitioners stated that for more than ten weeks, no actions had been taken to initiate an early hearing.

They warned that without prompt scheduling of the hearings, valuable time would be lost, jeopardizing the conclusion of the bill this year and risking three years of time and resources invested in the draft bill.

“This would result in further significant financial costs to all stakeholders including citizens and the state.

“Overall, such an outcome would undermine the legitimate hopes and aspirations of over 90 per cent of Ghanaians to obtaining justice in this matter,” they said.

A similar petition was submitted to the Attorney General (AG) and Minister for Justice, noting that the AG had failed to file documentation related to one of the two cases within the required period, which has since passed.

“We wish to bring to your attention that the Chief Justice has written to us indicating that your office’s failure to file its documentation is a major contributory factor at the heart of the current delay in proceeding with the hearings.

“This has apparently undermined the Supreme Courts intention to proceed with an early trial. Take urgent steps to complete filing the documentation, if any, relating to the case you have made, so that you are not guilty in the eyes of citizens of delaying court processes,” the petition said.

The Judicial Service of Ghana had explained that the Supreme Court’s inability to hear the two cases was due to the parties involved not filing all the necessary documents required for the Court to proceed.

The Court convened on three occasions: May 8, July 3, and July 17, 2024. During the July 17 session, it chose to defer its decision on granting or refusing the injunction in the two applications.

The Court stated that it was “convinced that the matters raised in this application can be better addressed by gathering all the facts through an early trial rather than by assessing the specific merits of this application at this time.”

“We also hold the view that an early trial of the action will serve the cause of justice in view of the fact that it will render a clear view of the constitutional issues raised than a sustained dispute over interlocutory matters,” it said.

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