[2024]DLHC17449 • April 24, 2024 • High Court
IN THE MATTER OF ARTICLE 106 (1), (2), (3), (4), (5), (6) AND (7) OF THE 1992 CONSTITUTION OF GHANA AND IN THE MATTER OF THE PRESENTATION OF THE HUMAN SEXUAL RIGHTS AND FAMILY VALUES BILL BY PARLIAMENYT TO THE PRESIDENT OF GHANA FOR ASSENT AND IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW AND THE REPUBLIC vs. SPEAKER OF PARLIAMENT AND THE ATTORNEY – GENERAL EX PARTE: ROCKSON-NELSON ETSE K. DAFEAMEKPOR
JUDGMENT INTRODUCTION This is a decision on an application for Judicial Review made to this court seeking an order of mandamus to compel the Speaker of Parliament of the Republic of Ghana to present the Human Sexual Rights and Family Values Bill (hereinafter referred to as “the Bill”) that was passed by Parliament on 28th February, 2024 and a further order directed at the President to receive the Bill and perform the duty imposed on him under article 106 (7) of the 1992 Constitution. BACKGROUND On the 25th day of March, 2024, the Applicant herein by the present originating motion invoked the supervisory jurisdiction of this court under Order 55 of the High Court (Civil Procedure) Rules 2004, (C.I. 47) for the following reliefs: 1. A declaration that the Parliament of Ghana duly complied with all the Constitutional provisions stipulated in Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana in the passage of the Human Sexual Rights and Family Valu...