The Supreme Court’s decision to defer its ruling on the request to restrain Parliament from transmitting the anti-LGBTQI bill filed by Dr. Amanda Odoi, until the substantive case is heard and determined, practically injuncts the speaker of Parliament from transmitting the bill to the president, private legal practitioner Martin Kpebu has said.
He explained that when a matter is before courts, persons are not permitted to act in ways that render the case ‘foolish’.
“Practically, there is an injunction against the Speaker and the President because the matter is in court. When a matter is before the court, don’t do anything to render the case foolish case. That is the law, so let us hold our hands,” he said on the Key Points on TV3 Saturday, July 20.
Kpebu further called on stakeholders to exercise patience and allow the Supreme Court to come out with a decision on the anti-lgbtqi bill matter that will be acceptable to all.
He says this bill is not the only bill that has gone through a slow process. He referred to the e-levy that also faced a similar situation but eventually got approved.
“The anti-gay is not the only bill that will go through the process, we had the e-levy.
“Ghana is not dying, so let’s wait and allow the Supreme Court to come out with a decision that will be accepted by all,” he said.
Kpebu however doubted that the anti-lgbtqi bill would become law. He said that chances are high that the bill will not become law. “It will only take a miracle for it to become law,” he said.
He explained that “At this rate, chances are high that this bill will not become law. 31st of July we are going on a judicial holiday. then we proceed on legal vacation in mid-October. So it means that for this period the Supreme Court will not deal with this matter.
“Lawyers are going on vacation they will deal with only emergency cases. But this gay bill does not qualify as an emergency case.
“The court will resume hearing after mid-October but there are still quite a number of steps to take before the court comes with a decision, so practically this bill is not likely to become law.”
For his part, South Dayi Lawmaker Rockson Nelson Dafeamekor said that the Supreme Court’s decision to defer its ruling on the request to restrain Parliament from transmitting the anti-LGBT bill filed by Dr. Amanda Odoi, until the substantive case is heard and determined, technically grants the application against transmitting the bill to the president.
Mr Dafeamekopr explains that if the substance case travels for two years, it means the bill cannot be sent to the president for that period.
“It is sad that this is happening. This is happening at the highest of our judicial institution, SC. it will become a precedent that other lower courts may follow. It is not a good precedent,” he said on the Key Points on TV3 Saturday, July 20.
He argued that the Supreme Court’s decision to defer the ruling technically grants the application against transmitting the bill to the president.
“What then is the essence of the interlocutory application? The decision of the Supreme Court is a technical grant of the of granting the application. If the matter travels for two years parliament can’t remit the bill to the president. Parliament is deemed to be injuncted from transmitting the bill and it is a worrisome development. How do you tie parliament’s hands this way?” He said.
The Attorney-General Godfred Dame welcomed the decision by the Supreme Court to defer its ruling.
Dame said the apex court’s decision is not unusual because the justices referred to existing rule on injunctions to arrive at their decision.
“What happens is that the court indicated that we have to await the determination of the main action
The Case has been adjourned indefinitely.
Richard Dela Sky is challenging the constitutionality of Parliament’s passage of the “Human Sexual Rights and Family Values Bill.”
Source: 3news.com
