Ghana's Controversial Anti-LGBTQ+ Bill Faces Legal Hurdles and Public Outcry

Ghana's Human Sexual Rights and Family Values Bill continues to be a focal point of intense political debate and procedural contention, with significant disagreement between the Minority in Parliament and President John Dramani Mahama regarding its current status and content. The Minority Caucus has sharply criticized the newly passed legislation, alleging that it has been extensively watered down through substantial amendments, thereby losing its original "force, bite, deterrent effect and efficacy" that was present in the version passed by Parliament in 2024. According to Minority members, the government and the governing National Democratic Congress (NDC) are responsible for these revisions, which include 22 deletions, 31 insertions, and redrafted provisions, making the current bill "materially different" from what was initially presented for presidential assent.
Rev. John Ntim Fordjour, a co-sponsor of the bill and Assin South MP, described the revised legislation as "a pale shadow" of the original text. He accused the government of abandoning its commitment to pass the bill without modifications, highlighting that President John Dramani Mahama had campaigned on a promise to sign the bill but later insisted on these amendments. Rev. Ntim Fordjour questioned the integrity of this shift, stating, "The promise was clear: vote for me, and I will sign the bill. They did not say the NDC would amend the bill, review it, delete provisions from it and redraft it before signing it." He condemned this as "a scam, a breach of trust, deception and hypocrisy," and emphasized that the overhauled legislation, despite retaining its title, cannot be considered the same bill Parliament approved in 2024. The Minority has demanded an explanation for the NDC's "dramatic shift in position," questioning why the original bill, deemed ready for signature previously, was not presented to President Mahama in its initial form.
Adding another layer to the controversy, the Minority has also accused the NDC and leading advocates of the bill of misleading Ghanaians regarding its status during the previous Parliament. They contended that a public narrative was fostered, blaming former President Nana Addo Dankwa Akufo-Addo for refusing to sign legislation that had completed all parliamentary processes. This narrative, they argue, was used to generate public pressure and political criticism against the former President. However, President Mahama's subsequent revelation that the bill had not been submitted to Akufo-Addo for assent due to pending legal challenges fundamentally alters this understanding. Rev. Ntim Fordjour questioned why Akufo-Addo was portrayed as the "face of delay" if the bill was not even before him, calling for greater transparency from political leaders who mobilize citizens around national issues.
In contrast to the Minority's claims of a newly "passed" and "amended" bill, President John Dramani Mahama has stated that the Human Sexual Rights and Family Values Bill has not yet reached the Presidency. Speaking at Chatham House in London, President Mahama clarified that the bill remains subject to outstanding procedural and constitutional considerations, including concerns over quorum and alleged lapses in how it was approved in Parliament. He indicated that the Speaker of Parliament was already addressing these issues. "There’s still quite a while to go before that bill becomes law," President Mahama asserted, outlining a stringent legal review process once the bill is formally transmitted to his office. This review will be conducted by the Attorney General and legal counsel at the Presidency, as the Executive was not involved in the bill's legislative process, which originated as a private members’ initiative.
President Mahama detailed three constitutional pathways upon receiving the bill: he could assent to it if deemed legally sound, refer it to the Council of State for advice, or return it to Parliament with specific concerns for reconsideration. He further acknowledged the procedural dispute, including claims by private legal practitioner Oliver Barker-Vormawor that the bill was passed with only 34 members present, below the constitutional quorum requirement. President Mahama noted that the Speaker of Parliament himself expressed surprise at the bill's passage and has called a crunch meeting to clarify what transpired. These procedural ambiguities, combined with the comprehensive legal review, underscore the President's position that the legislative process for the Human Sexual Rights and Family Values Bill is far from complete, necessitating patience and adherence to due constitutional process before it can achieve legal status.
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