Co-sponsor of the Human Sexual Rights and Family Values bill, Rockson-Nelson Dafeamekpor has voiced his disagreement with President Akufo-Addo's decision to suspend assenting to the Anti-LGBTQ+ Bill until the court challenges are resolved.The Office of the President formally requested Parliament to hold off transmitting the Anti-LGBTQ+ Bill for the President's assent.

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This request was outlined in a letter dated March 18 and signed by the Secretary to the President, Nana Asante Bediatuo.The reasoning behind the request stemmed from ongoing applications for an interlocutory injunction in the Supreme Court.Dafeamekpor, the South Dayi MP, argued on JoyFM's Top Story on March 19 that no pending court case should hinder the President from fulfilling his constitutional duty.

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He cited previous instances where similar challenges did not impede presidential functions, particularly regarding election result disputes.“If you read the Supreme Court decision in the dismissal of the Electoral Commissioner Charlotte Osei, no court can injunct a president from performing his functions under the constitution.

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“That is why there is a presumption of regularity of performance of functions of the president until a court otherwise removes him."So for instance, when a president is elected into office, sworn in, and takes the oath of office, and another who contested is aggrieved and goes to the Supreme Court, what the President does until the court pronounces on the validity or otherwise of the election of that President is not declared venality.

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So you cannot say that because the election of the President is challenged, you can bring an action to injunct the President not to perform the functions imposed upon the office of the President,” he said.The MP clarified that an interim injunction should not prevent the President from executing his responsibilities, including assenting to a bill.

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“It can only be, going forward, the decision of the court can only be going forward but it cannot affect any decision that he takes whilst occupying that office. That is why if anybody and in any case let's this make clear you can only challenge an act of Parliament, a bill is not an act of Parliament properly so called.“So it only when a bill is declared unconstitutional that its effect can be challenged,” he added.

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He emphasised that until a court rules otherwise, there is a presumption of regularity in the President's actions.“If the President decides not to sign the bill or assent to the bill but to wait for the court to pronounce on it, I think the President is doing the right thing. So, all we have to do is to wait for the President for him to make the determination of the injunction.

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I think that is what the President is trying to say,” he said.Furthermore, Dafeamekpor noted that the court's decision would only impact future events, not past actions taken by the President.He highlighted the distinction between challenging an act of Parliament versus a bill.

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On the same program, Professor Kwadwo Appiagyei-Atua from the University of Ghana Law School remarked that the situation should not escalate into a constitutional crisis.He suggested that President Akufo-Addo's decision to await the court's verdict could be seen as a prudent move, particularly after criticisms surrounding the E-levy bill's assent amid an injunction application.

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Regarding the letter from the Executive Secretary regarding the President's stance, Appiagyei-Atua expressed reservations about its credibility, noting that it lacks the direct endorsement of the President himself.

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