A lead sponsor of the Promotion of Proper Family and Family Value Bill, Sam George says the court should not waste time on lawsuits that attempt to hinder parliament from performing its mandate.

According to him, the court has the responsibility to interpret laws the legislature passes, therefore until a bill becomes law, filing a suit against the process is a waste of time.

“The judiciary is vested with the power to interpret legislation and not to engage in the formation of legislation. I mean the fact that we are even engaging and entertaining a suit against the speaker and parliament in the exercise of its function is an abuse of our court system and the court should just throw this out,” he said.

Speaking on Newsnight on Joy FM, he explained that filing a suit on a bill was equivalent to asking the president and cabinet to stop discussing a matter because of a legal action.

“Can you imagine the court giving a directive to the president that a matter that is before cabinet, he and his cabinet cannot discuss it because a farmer has come to challenge the jurisdiction or ability of the president and his cabinet to carry out that kind of conversation? That is exactly what we are doing here,” he said.

He continued that “anyone inviting the court to direct parliament not carry out its own processes of passing legislation, I mean that will be the day we sign the death knell of our democracy, and I believe that the judiciary will not assent to this invitation to dance a dance of shame.”

His comments were in response to the question on the back of whether he was concerned about the three pending lawsuits against the bill.

Early on in parliament on Wednesday, July 5, there was a heated debate on the report of the Constitutional, Legal, and Parliamentary Affairs Committee which recommended the passage of the anti- LGBTQ+ bill on the floor of parliament.

Anti-LGBTQ bill: Full Committee report recommending passage of bill

Meanwhile, all 275 legislators in a unanimous decision consented to the passage of the bill.

All 275 MPs consent to passage of anti-LGBTQ Bill

This follows months of public debate and ratification of the document by the legislators and other stakeholders since its introduction in 2021.

Speaker, Attorney General dragged to court over Anti-LGBTQ+ bill and its fiscal impact

On May 5, 2023 a private citizen, Paul Boama Sefa dragged the Speaker of Parliament and the Attorney General to the High Court.

He alleged that the two have breached portions of Ghana’s constitution regarding how the legislative body handled the Human Rights and Family Values Bill, 2021.

Mr Safa said despite the law having financial implications for the consolidated fund, it was not handed to parliament with a fiscal impact analysis document.

Parliament’s Constitutional, Legal and Parliamentary Affairs Committee has already urged the House to pass the bill into law.

Background

The controversial LGBT bill is a private member’s bill that was presented to Speaker Alban Bagbin on Tuesday, June 29, 2021. It is being spearheaded by 8 MPs.

The proponents want the promotion, advocacy, funding, and acts of homosexuality to be criminalised in the country.

Although the Bill is in Parliament, the LGBTQ+ conversation was reignited during US Vice President, Kamala Harris’ visit to Ghana.