The Supreme Court has struck out the review application of Richard Dela Sky, challenging its previous ruling on the constitutionality of the Human Sexual Rights and Family Values Bill, commonly referred to as the anti-gay bill.

This move came after Sky withdrew his application through his lawyer, Paa Kwasi Abaidoo, during a session on Wednesday, February 26, 2025. The nine-member review panel, led by Justice Paul Baffoe-Bonnie, formally dismissed the case following the withdrawal. However, the panel expressed strong disapproval of Sky’s absence from the proceedings. Chief State Attorney Sylvia Adisu called for costs to be imposed on the applicant. While Justice Prof. Henrietta Mensa-Bonsu questioned the fairness of convening nine Justices only for the application to be withdrawn, Justice Samuel Adibu-Asiedu remarked that Sky, as a lawyer, should have been present in court.

Conversely, Justices Emmanuel Yonny Kulendi and Issifu Omoro Tanko Amadu opposed the idea of awarding costs, citing the public interest nature of the case. Ultimately, the panel struck out the case as withdrawn, with the presiding judge expressing strong disapproval of Sky’s absence.

This latest development follows the Supreme Court’s unanimous dismissal of Sky’s initial petition on December 18, 2024, which sought to challenge the constitutionality of the legislative process regarding the anti-gay bill. The court upheld the constitutionality of the bill, prompting Sky to file the subsequent review application.

The Human Sexual Rights and Family Values Bill aims to criminalize activities related to the promotion and advocacy of LGBTQI+ rights in Ghana. If enacted, the law would impose penalties on individuals who fund or support LGBTQI+ initiatives, as well as those offering indirect assistance to such efforts.

The bill has sparked significant national debate, with proponents arguing that it aligns with Ghana’s cultural and moral values, while opponents contend that it infringes on human rights and could lead to the discrimination and persecution of LGBTQI+ individuals. Parliament passed the bill on February 28, 2024, as a bipartisan private member’s bill.

Background:

On December 18, 2024, a seven-member panel led by Justice Lovelace Avril Johnson unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, who had challenged the constitutionality of the Human Sexual Rights and Family Values Bill. Sky sought a declaration that the bill, which had ignited intense national debate, was null and void. However, the court rejected his petition, upholding the constitutionality of the legislative process for the proposed anti-LGBTQI+ legislation.

The legal challenge also included a separate petition from equality advocate Amanda Odoi. Both Odoi and Sky argued that Parliament had failed to meet the constitutional quorum requirements outlined in Articles 102 and 104 during the legislative process, rendering the bill’s passage unconstitutional.

Supreme Court Ruling:

The Supreme Court dismissed both petitions, ruling that the bill had not yet become law. Justice Lovelace Johnson explained that until a bill receives presidential assent, it does not constitute an enactment subject to judicial review for constitutionality. This decision reinforced the court’s position that legislative processes cannot be challenged on constitutional grounds until they result in enforceable law.