Ghana’s Supreme Court has affirmed the constitutionality of a law that criminalizes unnatural sexual intercourse, dismissing a challenge brought by a university lecturer who argued the statute violated fundamental rights.
In a unanimous decision announced Wednesday, a seven-member panel of the court rejected a suit challenging Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29). This provision unnaturally declares sexual intercourse, even between consenting adults, a misdemeanour punishable by imprisonment for up to three years.
The lawsuit, filed by Dr. Prince Obiri-Korang, a respected lecturer at the University of Ghana and a prominent human rights advocate, contended that the law infringed on constitutional guarantees of liberty, privacy, and non-discrimination. He argued that the statute unfairly targeted homosexuals and could extend to penalize activities such as the use of dildos and vibrators by individuals.
However, the court, presided over by Justice Paul Baffoe-Bonnie, upheld the law, stating that it did not violate constitutional provisions as alleged by the plaintiff. “There is no merit in the action. In the circumstances, the whole action fails, and same is dismissed,” Justice Baffoe-Bonnie declared, demonstrating the court’s respect for the law.
Section 104 of Act 29 broadly criminalizes unnatural carnal knowledge, encompassing acts deemed to be outside of conventional sexual intercourse. The court’s decision underscored the legality of these provisions, which also encompass acts involving animals.
The Attorney-General, Godfred Yeboah Dame, representing the government, defended the law’s constitutionality, arguing it did not discriminate based on sexual orientation and did not intrude into individuals’ private spaces without cause.
The court’s reasoning for the decision will be detailed in a forthcoming deposition at the Court’s Registry within ten days. The ruling highlights ongoing debates over individual freedoms and moral standards in Ghana, particularly concerning issues of sexual rights and privacy.
