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Rockson-Nelson Dafeamekpor, a Member of Parliament (MP) for the National Democratic Congress (NDC), has filed a lawsuit in the Supreme Court asking for various rulings and directives over the President’s authority under the 1992 Ghanaian Constitution.
Dafeamekpor is requesting a declaration that a President may only consent to or refuse to consent to a bill within seven days, unless the measure has been submitted to the Council of State, in accordance with Article 106(1) and (7) of the Constitution.
In addition, he requests a ruling that the President cannot stop Parliament from forwarding a passed measure to him.
Dafeamekpor further requests a determination that a letter dated March 18, 2024, signed by the Secretary to the President, Nana Bediatuo Asante, and addressed to the Clerk of Parliament, is unconstitutional. He’s asking for an order telling the President to withdraw this letter back.
A request for any additional orders or directives the court may judge necessary is also included in the action.
This occurs a few days after President Akufo-Addo chose not to enact the measure due to a Supreme Court-filed injunction.
The letter dated March 19 emphasized that until the court’s issues are resolved, Parliament should not move forward with sending the bill to President Akufo-Addo for any action.
Many parties have expressed their disapproval of the statement, including Speaker of the House Alban Bagbin.
Later on, Mr. Bagbin also put a stop to the Ministerial and Deputy Ministerial approval procedure.
He noted an injunction that prevented the procedure from happening, which was obtained by South Dayi MP Rockson-Nelson Dafeamekpor.
He pointed out that this was comparable to the president’s order to the House not to send the Human Sexual Rights and Family Values Bill—also referred to as the Anti-LGBTQI+ Bill—for assent since the Supreme Court had been asked to grant an interlocutory injunction.
Read the reliefs being sought by Rockson-Nelson Dafeamekpor below:
- 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 Values Bill on the 28th of February, 2024.
- An Order of mandamus directed at the 1st Respondent herein to present the Human Sexual Rights and Family Values Bill to the President of the Republic of Ghana herein in accordance with Article 106 (7) of the 1992 Republic Constitution of Ghana on the basis that the Parliament of Ghana has duly complied with all the Constitutional provisions stipulated under Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
III. An Order directed at the President of Ghana to receive the Human Sexual Rights and Family Values Bill as presented by Parliament in accordance with Article 106 (7) of the 1992 Constitution of Ghana for the purposes of his assent or otherwise.
- An Order directed at the President of the Republic of Ghana to signify to the 1st Respondent herein, within seven days after the presentation of the Human Sexual Rights and Family Values Bill, his assent to the Bill or that he refuses to assent to the bill in accordance with Article 106 (7) of the 1992 Constitution of Ghana unless the Bill is referred by the President to the Council of State pursuant to Article 90 of the Constitution of Ghana.
- Any other relief(s) this Honourable Court may deem fit.
Source: Ghanatodayonline.com
