Suit for Presidential Acknowledgment of Anti-LGBTQ Bill Dismissed by High Court

An Accra High Court has rejected the mandamus petition filed by South Dayi Member of Parliament, Rockson-Nelson Dafeamekpor, which aimed to compel President Akufo-Addo to sign the anti-LGBTQ Bill recently passed by Parliament.

Represented by Chief State Attorney Sylvia Adeso, the Attorney-General’s legal team contended that the High Court lacked jurisdiction to entertain Dafeamekpor’s application. Despite this argument, Justice Ellen Mireku clarified that the court indeed had jurisdiction but exercised discretion in dismissing the mandamus petition.

Justice Mireku pointed out that two separate lawsuits filed by private individuals, Prof Amanda Odoi and Richard Dela Sky, directly intersected with Dafeamekpor’s application, influencing the court’s decision to deny the MP’s requested reliefs.

Dafeamekpor’s application aimed firstly to compel Parliament to forward the anti-LGBTQ bill to the President and secondly, to prompt the President to either sign or provide reasons for not assenting to the bill within the stipulated seven-day period as per the 1992 Constitution.

The MP’s legal team argued that once Parliament had duly passed such legislation, the President had no authority to delay action based on pending cases. They asserted that the President should not interfere with Parliament’s legislative duties.

In response to the court’s ruling, lead counsel for Dafeamekpor stated their intention to appeal, expressing satisfaction that the court acknowledged its jurisdiction but emphasizing the importance of expeditiously addressing the constitutional matter without waiting for Supreme Court intervention, given the significance of the issue.

“I’m a bit satisfied that the court said it has jurisdiction to hear the matter. If we meet the criteria for granting the remedy and we have satisfied the necessary requirements the discretion I believe should be exercised in favour of the Constitution and not wait for the Supreme Court to deal with the matter. This is a life matter.

“We are likely to go to the Court of Appeal, ” Nii Kpakpo Samoa Addo told journalists.