The Judicial Service has assured that the Supreme Court is ready to expedite hearings on all the anti-gay cases before it should the parties file their respective processes.
According to the service, neither the Plaintiffs- Richard Dela Sky (Broadcaster) and Dr Amanda Odoi (Researcher) on one hand and the defendants – Speaker of Parliament and the Attorney General have filed their processes including a joint-memorandum of issues for trial to start.
The reaction of the Judicial Service comes a day before proponents of the Human Rights and Family Values Bill including Sam George indicated hitting the streets to protest against the Chief Justice and the Judicial Service for the delay in dealing with the case which has stalled the passed by parliament in February from being transmitted to the president for his assent.
Providing an update on the cases in a press conference on Monday, October 7, the Registrar of the Supreme Court Registrar, Justice Ellen Offei Aryeh said, the Apex Court is ready to deal with the cases once the parties file their processes.
“The General Public is assured that the Supreme Court registry is ready to receive all processes that need to be filed.
“The Supreme Court is ready to hear every matter where parties have complied with the rules of the court directing the processes to be filed before a hearing is held,” the Registrar of the Apex Court said.
The Registrar who doubles as a Justice of the High Court said, lawyers of Parliament had on October 1, 2024 filed an application for extension of time to file their statement of defence which would be considered next week.
“On 1st October 2024, the lawyer for Parliament, filed an application asking the court to give permission for parliament to file its defence even though they had exceeded the14 days set by the supreme court rules.
“This application will be heard within the 1″ week of Supreme Court sitting, being the 15 to 17 of October, 2024,” Justice Aryeh explained.
Below is the full update from the Judicial Service on the matter
On 28th February, 2024, the Human Sexual Rights and Family Values Bill was passed by
Parliament Before the passage of the bill the following cases were filed;
Dr Prince Obiri-Korang v the Attorney General was filed on 26 August, 2021.
It wanted a declaration that Section 104 (1) (b) of the Criminal Offences Act 1960, Act 29 violates Article 18 (2) of the 1992 Constitution. Article 18(2) guarantees the right to privacy. Section 104(1) (b) makes unnatural carnal knowledge a criminal offence.
The Supreme Court delivered It’s judgment on 24th July, 2024 and held that section 104(1)(b )did not violate article 18 (2) of the 1992 constitution.
Amanda Odoi vs Speaker & AG
The case of Dr. Amanda Odoi v the Speaker of Parliament and the Attorney General was filed on 11th June, 2023 on grounds that Parliament had contravened Article 108 of the 1992 Constitution in the passage of the Bill.
Parliament filed its defence in the form of a Statement of Case in March 2024. Parliament was supposed to file its defence within 14 days of notice of the action; however parliament filed its defence on 14th March 2024.
The Attorney-General has not filed a defence in the form of a statement of case. Neither have the three parties filed the issues to be decided by the court as directed by the Supreme Court Rules, 1996, CI 16.
Richard Sky vs Parliament & AG
Richard Sky v Parliament of Ghana and the Attorney General was filed on 5* March 2024. The plaintiffs also want a declaration among others that the Human Sexual Rights and Family Values Bill was passed in violation of Article 108 of the 1992 Constitution.
Neither Parliament nor Attorney- General has a filed a defence in the form of a statement of case. All three parties have not filed the needed memorandum of issues that they need the court to settle.
Judicial Service issued a statement on the 13 day of September 2024 which gave the above update in respect of the two cases, and explained that the parties have not completed the processes they were required to file before the Supreme Court can hear any case.
On 1st October 2024, the lawyer for Parliament, filed an application asking the court to give permission for parliament to file its defence even though they had exceeded the14 days set by the supreme court rules.
This application will be heard within the 1″ week of Supreme Court sitting, being the 15 to 17 of October, 2024.
Conclusion
The General Public is assured that the Supreme Court registry is ready to receive all processes that need to be filed.
The Supreme Court is ready to hear every matter where parties have complied with the rules of court directing the processes to be filed before a hearing is held.
Source: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah
