Bawku Central MP, Mahama Ayariga, says it was unconstitutional for the police to close the offices of the LGBTQ+ community in Ashongman, Accra. 

Speaking in Parliament, he stated that although the practice of LGBTQ+ activities is illegal, the country does not forbid freedom of association or advocacy.

Mahama Ayariga said members of the LGBTQ+ per the constitution have the freedom of speech and thus can express their unpopular opinions without facing backlash or consequences.

He added that they also have the right to advocate for a position be it popular or unpopular.

“Now that closure that happened, if indeed the security agencies of this country were involved I believe that there was an infraction of fundamental human right. Stopping them is a clear violation of our own constitution.”

“You may not like what they are seeking to advocate but then what you do is also create a new platform to advocate your contrary opinion. You can’t punish somebody for expressing that view but you can punish them if they practice it,” he said.

This comes after the police together with the landlord on February 24 stormed and locked the LGBTQ office at Ashongman in Accra in the wake of public discourse over their operations.

Pro-gay rights activists in the country argued that the law does not explicitly outlaw the act aside from its criminalisation of unnatural carnal knowledge adding that government must protect their interests as citizens.

However, anti-gay rights advocates, National Coalition for Proper Human Sexual Rights and Family Value and religious factions such as the Ghana Pentecostal and Charismatic Council (GPCC), National Peace Council, National Chief Imam have further advanced arguments for the government to dispel the ambiguity surrounding the laws on sexuality.

In response to the brouhaha, President Akufo-Addo on Saturday, February 27, said same-sex marriage will not be legalised under his Presidency.

Meanwhile, Mr Ayariga said that it will be in the interest of the country to revisit the laws on LGBTQ+ to specifically identify what would qualify as criminal.

He said that since the law only criminalises unnatural carnal knowledge members of the LGBTQ+ community can only be arrested if they are caught red-handed engaging in unnatural carnal knowledge.

He explained that “the law prohibits unnatural carnal knowledge so if they practice it, you can arrest them you can prosecute them and they have no defence if it is proven beyond reasonable doubt but that is what they are engaged in.”

In the meantime, Mr Ayariga beleives the LGBTQ+ community has every right to voice their opinion and advocate for their interest.

He cautioned anti-gay advocates to be cautious they do not let their action infringe on the rights of the minority group.

"If they say they want to open an office, they want to draft a bill, they want to come and meet the parliamentary caucus on gender and others and to present an argument why we have gotten to a point in Ghana where they feel that such positions should be accepted by the laws of Ghana that cannot be stopped."

"Stopping them is a clear violation of our own constitution. So let's be careful today it is LGBTQ+ position that is unpopular and you are criminalising and punishing it, tomorrow, something that is perfectly legitimate can also become an unpopular position and then we will say we want to punish those who share that view too."