By: Beatrice Oppon
The High Court in Accra has adjourned hearing of the suit challenging Parliamentary approval of Human Sexual Rights and Family Values Bill to July 29, 2024
The Court directed Lawyers for the parties to file their written submissions within four weeks.
A farmer, Paul Boama-Sefa, filed the suit for an order restraining the Speaker of Parliament from proceeding with any processes related to the Human Sexual Rights and Family Values Bill which has since been passed by the legislature.
He argues that the process should not take place until the statutory provisions of section 100(1) of the Public Financial Management Act are complied with.
Mr Boama-Sefa further prays the Court to order the Attorney-General to ensure compliance with Public Financial Management Act before any further steps were taken in respect of the Bill. He also seeks perpetual injunction against the Speaker of Parliament and the Attorney-General from further breaches of the Public Financial Management Act.
The Bill was presented to Parliament in 2021 by eight MPs as a Private Members’ Bill. The Plaintiff submits that the Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs of Parliament wrote a letter to the Attorney General requesting the government’s position on the Bill.
Mr Boama-Sefa argues that per the Attorney General’s response, he observed that the Bill was not accompanied by a fiscal impact analysis required by section 100(1) of the Public Financial Management Act. The letter further stated the government’s position on the need to protect human rights and adhere to the statutory requirements for laying a Private Members’ Bill in Parliament.
The Plaintiff therefore claims that non-compliance with the statutory requirements relating to the laying of the Bill and the complete disregard of the Attorney-General ’s advice, is an indication of the Speaker’s intention not to comply with the provisions of the Act and by extension the laws of the country.