The Attorney General and Minister for Justice, Godfred Dame, has officially written to President Akufo-Addo cautioning him against signing the recently passed Human Sexual and Family Values Bill, 2024, mostly referred to as the anti-LGBT Bill, into law before the Supreme Court rules on an application for an injunction to restrain him.
“In the circumstances, I am of the view that assenting to the Bill whilst the applications for interlocutory injunction filed in the two suits are pending, will render the said applications otiose and undermine the authority of the Supreme Court to determine the issues raised in them.
“In the spirit of upholding the rule of law, as you are obliged to do, I will respectfully advise that a decision to assent to the Bill be made after the determination of the applications for an interlocutory injunction”, Godfred Dame noted in a letter addressed to President Akufo-Addo and dated Monday, March 18, 2024.
Meanwhile, the Office of the President in a letter dated March 18, 2024, requested Parliament to refrain from sending the anti-LGBT Bill to President Akufo-Addo for his assent.
The letter signed by Nana Bediatuo Asante, the Secretary to the President, noted: “It is the understanding of this Office that both applications have also been duly served on Parliament. Therefore, it would be improper for you to transmit the Bill to the President and equally improper for this Office to receive the Bill until the Supreme Court determines the matters raised in the suits.
“In the circumstances, you are kindly requested to cease transmitting the Bill to the President until the matters before the Supreme Court are resolved.”
Below is the letter from the Office of the President to Parliament:
It has come to the attention of this Office that while the President and other senior officials of the Presidency were at Peduase for a Cabinet Retreat on Thursday, 14th March 2024, you attempted to submit the Human Sexual Rights and Family Values Bill, 2024 (the “Bill’) to Jubilee House for the President to signify his assent or otherwise to the Bill.
This Office is aware of two pending applications for an order of interlocutory injunction, both filed on 7th March 2024 in the Supreme Court in Dr. Amanda Odoi v. The Speaker of Parliament and The Attorney-General (01/13/2023) and Richard Sky v. The Parliament of Ghana and The Attorney-General (01/9/2024) respectively, to restrain you and Parliament from transmitting the Bill to the President and, also, to restrain the President from signifying his assent to the Bill, pending the final determination of the matter.
The Attorney-General has, by letter dated 18th March 2024, informed the President that he has been duly served with both applications and has advised the President not to take any step in relation to the Bill until the matters raised by the suits are determined by the Supreme Court. It is the understanding of this Office that both applications have also been duly served on Parliament.
Therefore, it would be improper for you to transmit the Bill to the President and equally improper for this Office to receive the Bill until the Supreme Court determines the matters raised in the suits.
Indeed, it is settled law that, during the pendency of an interlocutory injunction application, the status quo ante ought to be preserved, and no action should be taken that would result in prejudicing the injunctive relief sought and undermining the authority of the court.
In the circumstances, you are kindly requested to cease and desist from transmitting the Bill to the President until the matters before the Supreme Court are resolved.
Best wishes.
NANA BEDIATUO ASANTE
SECRETARY TO THE PRESIDENT