The Supreme Court of Ghana has dismissed an application for injunction to halt Parliament’s consideration of the anti-gay bill.
A nine-member panel chaired by Chief Justice Gertrude Torkonoo says it has not been convinced to issue such an injunction order at this stage since the matters raised will be dealt with in the substantive case that is praying the court to declare the introduction of an Anti-LGBT law illegal and unconstitutional.
The injunction application was filed by a researcher, Dr Amanda Odoi, who is one of two citizens who have sued the Speaker of Parliament and the Attorney-General over the Anti-LGBT bill being considered by Parliament.
The court today heard legal arguments on the issue of whether the consideration of the bill should be halted pending the determination of the substantive case by the court.
Presenting their arguments, lawyers for Dr Odoi, led by Dr Ernest Ako, insisted it was important for the court to put the consideration in Parliament on hold.
“Per the nature of the provision of Article 108…assuming this bill goes through and becomes law and money is expended from the consolidated fund, we would not get the money back meanwhile Ghanaians would not get the millions that would have been spent on this law.
“If the application is granted and Parliament does not proceed and the substantive matter is determined, Parliament would just have suffered a little by not proceeding with the bill in the interim,” he stated.
But Chief State Attorney Dr Sylvia Aduse argued that Dr Odoi’s legal team have failed to show how they will suffer or which right of theirs should be protected in the interim.
“He should have proved this balance of convenience well but we have not seen any evidence of that. The speaker is doing his duty and cannot be injuncted,” she said.
Similarly, Lawyer for the Speaker, Thaddeus Sory urged the court to dismiss the request, indicating the application was without merit.
“We pray that this application doesn’t satisfy any of the tests as set by this court and should be dismissed.”.
The panel presided over by the Chief Justice indicated a case meriting an injunction has not been made.
“We have considered the merits of this case and are of the considered view that a prima facie case has not been made to convince us to injunct the work of Parliament.
“Neither have we been convinced to injunct an uncompleted work of Parliament. The issues raised by this application for injunction are matters to be determined by the substantive matter. This application for an injunction is dismissed,” The Chief Justice stated.
Other panel members are Paul Baffoe-Bonnie, Gabriel Pwamang, Mariama Owusu, Henrietta Mensa-Bonsu, Yonny Kulendi, Barbara Ackah-Yensu, Samuel Asiedu, George Koomson”.
Dr Odoi’s legal team have meanwhile withdrawn a contempt application filed against the Speaker of Parliament.
