The Supreme Court has affirmed the constitutionality of the existing criminal law against unnatural carnal knowledge involving persons aged sixteen and above.

This ruling confirms the validity of section 104(1)(b) of the Criminal and Offences Act 1960 (Act 29).

The court's unanimous decision came in response to a petition filed by Dr. Obiri-Korang of the University of Ghana School of Law, who argued that the provision violated Articles 18(2), 17(2), and 14(1) of the 1992 Constitution.

Dr. Obiri-Korang's contention centered on the assertion that section 104(1)(b) infringes on the rights of privacy, non-discrimination, and personal liberties.

For clarity, section 104(1)(b) of Act 29 states:

"104. Unnatural carnal knowledge(1) A person who has unnatural carnal knowledge(b) of another person of not less than sixteen years of age with the consent of that other person commits a misdemeanour."

The Plaintiff argued that this provision conflicts with the following constitutional articles:

Article 18(2) – Right to privacy

Article 17(2) – Right to non-discrimination

Article 14(1) – Protection of personal liberties

Despite these arguments, the Supreme Court, led by Justice Baffoe-Bonnie J.S.C and including Justices Amadu Tanko, Gaewu, Adjei-Frimpong, Lovelace-Johnson, Kulendi, and Darko Asare, ruled that the law is in accordance with the Constitution and does not violate the cited articles.