Supreme Court to deliver judgment on constitutionality of anti-LGBT law on July 27

The Supreme Court will on July 27, 2024, determine the constitutionality of the country’s criminal law against consensual gay, anal and any unnatural sexual intercourse.

The panel of seven chaired by Justice Paul Baffoe-Bonnie fixed the date after hearing the Plaintiff, Dr. Obiri-Korang, and the Attorney General.

The Plaintiff is seeking a pronouncement on section 104(1)(b) of the Criminal and Offences Act 1960 (Act29) as constitutional or otherwise.

Justice Baffoe-Bonnie’s panel also includes Justice Omoro Amadu Tanko, Justice Ernest Gaewu, Justice Adjei-Frimpong, Justice Avril Lovelace-Johnson, Justice Emmanuel Yonny Kulendi, and Justice Yaw Darko Asare.

The panel adopted the joint memorandum of issues filed by the Plaintiff, Dr. Prince Obiri-Korang, a lecturer of law at the University of Ghana School of Law who represented himself and the AG.

Dr. Sylvia Adesu, the Chief State Attorney requested to file a witness statement by a medical doctor on the 5th issue which is to the effect of whether or not anal, gay and other unnatural sexual intercourse forms caused harm to others.

Four of the issues were adopted while the 5th issue was struck out.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah reports that there were power cuts during the proceedings of this case.

Plaintiff’s grounds

It is the case of the Plaintiff that, section 104(1)(b) of Act 29 is grounded on the breaches of the said section to rights of privacy, non-discrimination, and liberties of a person.

He also contended that, section 104(1)(b) of Act 29 sins against Articles 18(2), 17(2) and 14(1) of the 1992 Constitution of the Republic of Ghana.

The section of Act 29 complained about reads;

104. Unnatural carnal knowledge

(1) A person who has unnatural carnal knowledge.

(b) of another person of not less than sixteen years of age with the consent of that other person commits a misdemeanour.

The Plaintiff seeks to cause the apex court to toe the line of Constitutional Courts in India some parts of the Caribbean and other States with similar laws on unnatural sexual intercourse which have been pronounced on as unconstitutional.