Richard Dela Sky, a broadcast journalist and private legal practitioner, has withdrawn his case against the anti-LGBTQ Bill at the Supreme Court.
Journalist Richard Dela Sky initially filed a judicial review after his suit against the anti-LGBTQ Bill was dismissed on December 18. However, on Wednesday, February 26, his lawyers, led by Paa Kwasi Abaidoo, informed a 9-member panel of justices that they had filed a notice of discontinuation and wished to withdraw the case. Abaidoo explained, “We decided to let the sleeping dogs lie in this matter, so we filed a notice of discontinuation.” The prosecution, led by Chief State Attorney Sylvia Adusu, did not oppose the withdrawal.
“We were prepared to deal with it, but if he’s discontinued, we have no objection,” Chief State Attorney Sylvia Adusu told the court.
The apex court then struck out the suit, but not before reprimanding Richard Dela Sky’s lawyers for his absence in court. “We take a strong objection to the absence of the applicant in court. The applicant, being a lawyer, should have known that despite the discontinuation, he ought to be in court. The application is struck out,” the panel concluded.
In an interview, Richard Dela Sky’s counsel explained that the decision to withdraw the case was due to the fact that there is currently no Anti-LGBTQ Bill before the President. The lawyer noted that one of the main grounds for contesting the matter was that the bill was a private member’s motion. However, the new President quickly indicated that the bill had been reintroduced by the Executive, making their argument irrelevant.
On December 18, a 7-member panel of justices, chaired by Avril Lovelace-Johnson, unanimously dismissed the lawsuits filed by Richard Dela Sky and human rights advocate Dr. Amanda Odoi against the Proper Human Sexual Rights and Family Values Bill. In Dela Sky’s case, he had argued that the bill violated several provisions of the 1992 Constitution, including Articles 33(5), 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1)(a)(b)(d), and (e). Dela Sky had sought eight reliefs, one of which called for a declaration that the Speaker of Parliament had breached Article 108(a)(ii) by allowing the passage of a bill that imposes a charge on the Consolidated Fund or other public funds of Ghana.
In dismissing Dr. Amanda Odoi’s case, the apex court pointed out that the writ did not properly invoke the court’s jurisdiction. Dr. Odoi had raised concerns over specific provisions within the Proper Human Sexual Rights and Family Values Bill, seeking a restraining order to prevent the Speaker of Parliament, the Attorney-General, and the Clerk of Parliament from forwarding the bill to President Akufo-Addo for assent.
Both lawsuits sought to block the implementation of the controversial bill, citing constitutional violations and potential legal overreach.
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