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In his application, Sky asserts that the bill's passage violates several articles of the 1992 Constitution, particularly Article 33(5), along with various other provisions safeguarding fundamental human rights and freedoms.
According to Sky, the Speaker of Parliament may have breached constitutional protocols by allowing the bill's passage, particularly concerning its potential financial implications outlined in Article 108(a)(ii) of the Constitution.
"The provisions of the bill raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution," Sky stated.
"The Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass 'The Human Sexual Rights and Family Values Bill, 2024,' into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana," he added.
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The bill, which seeks to prohibit LGBTQ activities as well as their advocacy, promotion, and funding, was approved by Parliament on February 28, 2024. However, President Nana Addo Dankwa Akufo-Addo has yet to provide his assent, stating that he will await the Supreme Court's decision before making a final determination on the contentious legislation.
Sky's application seeks not only to challenge the bill's constitutionality but also to prevent the president from signing it into law, citing concerns over its potential infringement on the liberties and rights of Ghanaians. Additionally, Sky has requested an injunction to prevent any enforcement of the bill's provisions, particularly those criminalizing same-sex relationships and related advocacy efforts.
"This action will directly contravene the constitutional safeguards of liberties and rights of Ghanaians," Sky emphasized.
The Supreme Court's forthcoming ruling will undoubtedly have significant implications for the future of LGBTQ rights and legal frameworks in the country.