Moses Foh Amoaning, Executive Secretary of the National Coalition for Proper Human Sexual Rights and Family Values, has described the Supreme Court’s dismissal of Richard Dela Sky’s petition against the Human Sexual Rights and Family Values Bill as a proper and straightforward application of the law.
The Supreme Court unanimously rejected a petition filed by journalist and lawyer Richard Dela Sky, who sought to challenge the constitutionality of the proposed bill. The seven-member panel, led by Justice Lovelace Avril Johnson, upheld the constitutionality of the legislative process surrounding the bill, which aims to criminalize activities related to LGBTQI advocacy, including funding, promotion, and indirect support.
In an interview on Joy FM’s Midday News on Wednesday, December 18, Foh Amoaning stated that the petition was premature. He explained that the Constitution specifies that the Supreme Court’s jurisdiction can only be invoked in matters related to actions already taken under an enactment, and a bill does not constitute an enactment until it becomes law.
“The case was premature,” Foh Amoaning said. “A bill is merely a proposal. It only becomes subject to judicial review once it has been signed into law.”
He added that the legislative process, which includes passage through Parliament, Presidential approval, and possible referral to the Council of State, must be completed before a constitutional challenge can be made. If the President refuses to assent, Parliament may override the decision with a two-thirds majority vote.
“The proper time to challenge the constitutionality of this bill will be after it has been signed into law,” he concluded.
Source:TheDotNews