Anti-LGBTQI++ Supreme Court cases: Parties inability to file processes delaying trial
The Judicial Service of Ghana has clarified that the inability of the Supreme Court to hear two cases filed at the court is strictly due to the inability of the parties in the case to file all necessary processes that would allow the Supreme Court to adjudicate the matters. In a statement dated 13 September … The post Anti-LGBTQI++ Supreme Court cases: Parties inability to file processes delaying trial appeared first on Asaase Radio.
The Judicial Service of Ghana has clarified that the inability of the Supreme Court to hear two cases filed at the court is strictly due to the inability of the parties in the case to file all necessary processes that would allow the Supreme Court to adjudicate the matters.
In a statement dated 13 September 2024 and issued by the communications department of the Judicial Service of Ghana, the third arm of government indicated that its attention has been drawn to media publications of the intention of a member of Parliament who is one of the persons who sponsored the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill (Anti LGBTQI++) to demonstrate against the Chief Justice (CJ) over what he says is a deliberate and malicious attempt by the CJ to delay the passage of the bill into law.
To bring clarity to the pending, the statement of the Judicial Service pointed out that currently, two cases have been filed at the Supreme Court and they are Richard Sky vrs. Parliament of Ghana and the Attorney General, and Dr Amanda Odoi vrs. Speaker of Parliament and the Attorney General.
Interlocutory action
In the two cases, the applicants sought an interlocutory injunction to restrain Parliament from transmitting the anti-LGBTQI++ bill to the President for assent. The Supreme Court sat on three different dates, 8 May, 3 July, and 17 July 2024. During the 17 July sitting, the Supreme Court decided to defer the grant or refusal of the injunction in the two applications.
The court said it was “convinced that the matters raised in this application can be better dealt with by obtaining all the facts through an early trial than by considering the peculiar merit of the purpose of this application at this time. We also hold the view that an early trial of the action will serve the cause of justice in view of the fact that it will render a clear view of the constitutional issues raised than a sustained dispute over interlocutory matters.”
Constitutional matters
The Judicial Service statement further clarified that “in any constitutional action in the Supreme Court, the Plaintiff is required to file a Statement of Case. The Plaintiff’s Statement of Case should be defended by the Defendant in a Statement of Case within fourteen days of receiving the Plaintiff’s Statement of Case (Rule 48 of the Supreme Court Rules 1996, CI 16).
“After the two Statements of Case have been filed, the parties have to file a Joint or separate Memorandum of Issues stating the constitutional questions in dispute that the parties want the Supreme Court to give a decision on (Rule 50 of the Supreme Court Rules 1996, CI 16).”
Sky Application
In Richard Sky’s case, the statement noted that this “case was started with a Writ filed on 5 March 2024. As of 31 July 2024, when the Supreme Court went on recess, neither Parliament (1st Defendant) nor the Attorney General (2nd Defendant) had filed a defense to the Plaintiff’s action in the form of their Statements of Case. The three parties can only file the Memorandum of Issues for the trial when the Statements of Case are in place. Until then, the Supreme Court cannot hear the case.”
Odoi case
Dr Amanda Odoi’s case on the other hand “was started with a Writ filed on 11 June 2023. The 1st defendant (Parliament) filed its Statement of Case on 14 March 2024. The 2nd Defendant has not filed a Statement of Case. The three parties are to file the Memorandum of Issues for the trial when the Statements of Case are in place. It is after the filing of the individual or joint Memorandum of Issues that the Supreme Court will have the ability to try the case.”
Ready to adjudicate
Following the circumstances of the two cases before the apex court of the land, the Judicial Service indicates that it is practically impossible for the Supreme Court to proceed with the cases until the parties involved have completed the statutory requirement.
“From the above, the parties have not completed the work they are to do before a hearing by the Supreme Court can be conducted. The Judicial Service stands in readiness to adjudicate any matter that is ripe for hearing,” the statement read.
Reporting by Wilberforce Asare in Accra
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