The Supreme Court has scheduled July 17, 2024, for its ruling on the motion for an interlocutory injunction filed by Richard Sky.
The motion aims to prevent Speaker of Parliament Alban Bagbin from transferring the Human Sexual Rights and Family Values Bill to President Nana Addo Dankwa Akufo-Addo for his assent. This decision comes after arguments presented by all parties involved in the case.
On the same date, the court will also rule on a separate application filed by Amanda Odoi. Counsel for Richard Sky, Dr. Ernest Ackon, argued that the bill, if approved, imposes a direct charge on public funds, violating Article 108.
He also emphasized the absence of a fiscal impact analysis before the bill was sent to the President.
The Attorney-General, Godfred Yeboah Dame, the second respondent, argued that the Speaker’s discretion is not unconstrained by the constitution, necessitating the Supreme Court’s decision on the injunction application.
Plaintiff Dr. Amanda Odoi seeks an injunction to stop the Speaker from transmitting the bill to the President.
Thaddeus Sory, Counsel for the Speaker of Parliament and the first defendant in the case, argued that the applicant’s claims regarding the need for a fiscal impact analysis were not constitutionally supported, especially since the bill did not explicitly state it would impose a charge on the Consolidated Fund.
Sory further noted that the substance of the interlocutory injunction was not significantly different from a previous one filed by the plaintiffs, which was dismissed by the courts.
He also argued that the transmission of the bill from the Speaker of Parliament to the President for assent is an ongoing process that has not been completed and, therefore, was not within the Supreme Court’s jurisdiction to deliberate on.
He urged the court to dismiss the application.
The Supreme Court, chaired by Her Ladyship Gertrude Torkonoo, is currently hearing the Richard Dela Sky case.
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