Professor Richard Frimpong Oppong, a Supreme Court judge nominee, has shot down suggestions that he will be a dangerous addition to the bench if approved.
The nominee appeared before the Vetting Committee of Parliament on Tuesday, August 13, 2024, where he was grilled on issues relating to the activities of LGBTQI+.
The nominee’s research work on LGBTQI+ titled ‘Foreign Same-Sex Marriages Before Commonwealth African Courts’ became a subject of controversy before the committee.
In the abstract of the research, the nominee stated that same-sex relationships will likely be in violation of the laws of most African countries.
Citing Ghana, Kenya, and Nigeria as examples, he opined that a same-sex relationship is either explicitly prohibited or there is legislation that can be interpreted to prohibit the union.
“However, the growing trend of the institutionalisation of same-sex marriage around the world means that even countries that do not domestically recognise same-sex relationships may be confronted with the challenge of dealing with it in a conflict of law context.
“The discussion shows that the strict application of the rule of non-recognition, where the court gives no legal effect to a foreign same-sex union, is unworkable and leads to arbitrary and unfair results.”
He also suggested that “African courts should use the incident approach to differentiate between cases where the parties seek adversarial court procedures, such as those dividing marital property, from those that seek to legitimise the union.”
One of the sponsors of the anti-LGBTQI+ Bill, South Dayi MP, Rockson-Nelson Dafeamekpor, put it to the nominee that he was a danger to the crusade against LGBTQI+ activities; hence, when he joined the bench and was assigned to join the judges who will preside over the case, he will strike it out.
Rockson-Nelson Dafeamekpor, referring to the research work, put it to the nominee that he would be in a position to strike the case down based on his views on the matter. The MP said: “As a sponsor of the bill, I think you will be a danger when you get onto the bench in terms of our anti-LGBTQ activities.
“There is a confidential report that suggests that. And I am saying that, when you get the opportunity, you will be striking down these laws because that is the justification mandate of the Supreme Court.”
The nominee, responding, shot down the assertions made by the MP and committee member. The nominee responded, “I think I really reject the idea that if I get to the SC, I will be a danger to anything that you are talking about.”
He stated categorically that if he is approved as a judge of the SC, his responsibility would be to apply the laws of Ghana.
The responsibility of judges, he argued, is to apply the law and not espouse their personal views through their judgments, since that would be totally wrong as a member of the judiciary.
When asked specifically if he believes a man should be granted the right to be married to a fellow man, he answered in the negative, stating “no.”
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