Court adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ Bill

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Court adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ Bill

Court adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ Bill

File photo
File photo

Rockson-Nelson Dafeamakpor’s mandamus petition, which aims to force President Akufo-Addo and Speaker of Parliament Alban Bagbin to take action on the LGBTQ+ law within seven days, has been postponed by the High Court in Accra.

The applicant, Dafeamakpor, requested an extension of time to hear the case today, and the court allowed it. This led to the adjournment.

After the applicant’s request for a time extension was granted, applicant Nii Kpakpo Samoa Addo’s counsel filed for mandamus.

The State Attorney, who will get a chance to present their case during the subsequent meeting, disagreed with the same.

The matter has been postponed until April 18 in order to allow for further arguments and a decision.

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Rockson-Nelson Dafeamekpor, the Member of Parliament (MP) for South Dayi, filed an application with the High Court to force the Speaker of Parliament to send the president an anti-LGBT law within seven days.

Additionally, the Plaintiff is requesting that the Court order the President to approve the Bill and either sign it or notify Parliament that he will not be able to consent to it in the allotted time.

On March 22, the Ghanaian Parliament duly passed the Human Sexual Rights and Family Values Bill in accordance with Article 106 (1), (2), (3), (4), (5), and (6) of the 1992 Constitution, according to the application for judicial review in the form of mandamus.

The Bill “must be transmitted to and received by the President of Ghana for assent or otherwise in accordance with Article 106 (7) of the 1992 Constitution of Ghana,” said the lawmaker, who was also the Plaintiff.

A mandamus application is a plea to a court requesting it to force or require a government official to properly execute their official responsibilities or remedy an abuse of discretion, according to EIB Network Legal Affairs Correspondent Murtala Inusah.

The reliefs requested by the Plaintiff in his Mandamus application are listed below.

I. A statement that, in passing the Human Sexual Rights and Family Values Bill on February 28, 2024, the Ghanaian Parliament fully complied with all the constitutional provisions outlined in Article 106 (1), (2), (3), (4), (5), and (6) of the 1992 Constitution of Ghana.

II. An Order of mandamus directed at the 1st Respondent herein to present the Human Sexual Rights and Family Values Bill to the president of the Republic of Ghana herein in accordance with Article 106 (7) of the 1992 Republic Constitution of Ghana on the basis that the Parliament of Ghana has duly complied with all the Constitutional provisions stipulated under Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.

III. An Order directed at the President of Ghana to receive the Human Sexual Rights and Family Values Bill as presented by Parliament by Article 106 (7) of the 1992 Constitution of Ghana for his assent or otherwise.

IV. An Order directed at the president of the Republic of Ghana to signify to the 1st Respondent herein, within seven days after the presentation of the Human Sexual Rights and Family Values Bill, his assent to the Bill or that he refuses to assent to the Bill following Article 106 (7) of the 1992 Constitution of Ghana, unless the Bill is referred by the president to the Council of State according to Article 90 of the Constitution of Ghana.

V. Any other relief(s) this Honourable Court may deem fit.

 

Court adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ BillCourt adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ BillCourt adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ BillCourt adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ BillCourt adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ Bill Court adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ BillCourt adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ BillCourt adjourns Dafeamakpor’s request to compel Akufo-Addo, Alban Bagbin to act on anti-LGBT+ Bill

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