14th January 2025 12:22:35 PM
3 mins readFormer President John Dramani Mahama has clarified that the contentious Anti-LGBTQ+ Bill, officially called the Human Sexual Rights and Family Values Bill, never reached President Nana Akufo-Addo for assent before the expiration of the previous Parliament, rendering it inactive.Addressing clergymen during a meeting, Mahama explained, “As far as I know, the bill did not get to the President for assent.
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And so the convention is that all bills that are not assented to before the expiration of the life of Parliament expired, and so that bill is effectively dead, it has expired.”Despite the bill's expiration, Mahama expressed openness to reviving the legislation through broader consultations and a national dialogue.
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“I do think that we should have a conversation on it again, so that all of us, if we decide to move that bill forward, moving forward with a consensus,” he said.Mahama further suggested that any reintroduction of the bill should be government-led rather than a private member's initiative.
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“I don't know what the promoters of the bill want to do, but we should have a conversation about it again… probably it shouldn't be a private members bill. It should be a government bill with government behind it after consultation with all the stakeholders to see how to move this forward,” he added.
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The expired bill sought to criminalize LGBTQ+ activities and advocacy, imposing sanctions on individuals and groups promoting or funding such causes. Supporters argue it defends Ghanaian cultural values from external influences, while critics, including human rights groups, contend it violates fundamental freedoms of expression, association, and equality before the law.
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Previously, the bill faced legal challenges from journalist Richard Dela Sky and academic Dr. Amanda Odoi, who questioned its parliamentary passage due to a lack of quorum. However, the Supreme Court dismissed their petitions, with Justice Lovelace Johnson clarifying that constitutional challenges apply only to fully enacted laws.Before the court ruling, Speaker Alban Bagbin had urged President Akufo-Addo to assent to the bill.
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In November last year, he stated, “I have earlier instructed the Clerk of Parliament to transmit the anti-LGBTQ+ bill to the President for assent.”Bagbin also criticized both President Akufo-Addo and the Judiciary, accusing them of constitutional violations regarding the bill.Mahama's position has remained consistent, emphasizing a need for careful review to ensure alignment with Ghana's constitution.
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In a December 4 interview with BBC Africa, Mahama described the bill as focusing on family values rather than targeting the LGBTQ+ community. “It is not an anti-LGBTQI Bill; it is a Family Values Bill. It was approved unanimously by our Parliament.
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[LGBTQI] is against our African culture, it is against our religious faith, but I think we must look at the Bill, and the president must indicate what he finds wrong with that bill and send it back to Parliament or alternatively he must send it to the Council of State and get the Council of State’s advice.
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”When questioned about signing the bill if elected, Mahama responded, “It depends on what is in the Bill,” emphasizing he would seek a thorough review and constitutional advice before making a decision.Ningo-Prampram MP Sam Nartey George has insisted Mahama would have no choice but to approve the bill if presented to him again. “That is a misconception that has been put out. I listened to that interview.
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President Mahama has been clear that he will sign that bill and he has no option than to sign that bill,” George stated.Additionally, Tamale South MP Haruna Iddrisu has indicated plans to present personal recommendations on the bill to Mahama, suggesting these ideas could help refine the bill in line with Ghana's legal framework.
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“I have some ideas on the LGBTQ but I am yet to share them with the president as to how he can re-own the bill, get national consensus around it, and be consistent with the laws of Ghana and the constitution,” Iddrisu said during a National Muslim Prayer and Thanksgiving event on January 10, 2025.“There is a way to deal with it.
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