The Speaker of Parliament, Alban Bagbin, says Parliament will not cease and desist from transmitting the Human Sexual Rights and Family Values (Anti-LGBTQ+) Bill to the Presidency.
This comes after the Office of the President in a letter dated March 18, 2024, requested Parliament to refrain from sending the anti-gay bill to President Akufo-Addo for his assent.
In the letter signed by the Secretary to the President, Nana Asante Bediatuo, the Presidency had explained that the decision stems from the acknowledgment of two pending applications for an order of interlocutory injunction before the Supreme Court.
The letter emphasised that it would be improper for Parliament to proceed with transmitting the Bill to President Akufo-Addo for any action until the matters before the court are addressed.
Furthermore, it was disclosed that the Attorney-General has advised the President against taking any action regarding the Bill until the issues raised in the legal suits are resolved by the Supreme Court.
But reacting to the directive, Alban Bagbin described the President’s action as unconstitutional.
In his final address to the House before adjourning sitting on Wednesday, March 20, 2024, the Speaker argued that the President’s directive does not only deviate from established democratic practices but also undermines the spirit of cooperative governance.
"The President’s refusal to accept the transmission of the bill is, by all accounts, not supported by the constitutional and statutory provisions that guide our legislative process,” he stressed.
Mr. Bagbin further emphasised that the Presidency’s refusal to accept the transmission of the bill poses a risk of establishing dangerous precedents that could undermine the integrity and functionality of Ghana’s democratic institutions.
“To situate this statement in the appropriate context, it is crucial to acknowledge a disturbing pattern emerging from the Executive branch, which points to a concerning disregard for the foundational principles enshrined in the Constitution, 1992.
"This pattern has once again been made evident in the President's recent refusal to accept the transmission of the Human Sexual Values Bill. The recent move is not isolated. It forms part of a series of actions that undermine the legislative process,” part of the statement read.
In view of this, the Speaker urged the President to follow through with Article 106(7) if he has any issues with the bill.
“Article 106(7) says, ‘Where a bill passed by Parliament is presented to the President for assent, he shall signify within seven days after the presentation to the Speaker that he assents to the bill or that he refuses to assent to the bill, unless the bill has been referred by the President to the Council of State under Article 90 of this Constitution,’ ” he reminded the President.
“Therefore, the refusal to even accept the bill for consideration falls outside the legal bounds established by our constitutional framework. It is incumbent upon the President to accept the bill and take the necessary action within the prescribed constitutional limits, whether that action is assent, refusal, or referral to the Council of State for advice.
“The Parliament of Ghana will comply with the existing legal framework and reject the attempts by the Executive Secretary of the President, through his contemptuous letter, to instruct the Clerk to Parliament, an Officer of Parliament whose position is recognizably under the Constitution.
"We shall not cease and desist!" he added.
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