Anti-LGBTQ+ Bill: Akufo-Addo must act within his constitutional limits – Bagbin

Speaker of Parliament, Alban Bagbin says it is unconstitutional for President Akufo-Addo to refuse the transmission of the Human Sexual Rights and Family Values Bill, 2021.

This follows an official letter to Parliament from the office of the President requesting the House to refrain from transmitting the anti-LGBTQ+ bill to President Akufo-Addo for his assent.

According to Mr Bagbin, the President’s actions do not correspond with the constitutional and statutory provisions that guide Ghana’s legislative process and thus, he must accept the transmission of the bill and act within his constitutional limits.

“The Constitution clearly delineates the steps to be followed once a bill has been passed by Parliament, mandating the transmission of the bill to the President for assent or rejection. Therefore, the refusal to even accept the bill for consideration falls outside the legal bounds established by our constitutional framework,” Mr Bagbin said in a speech delivered to the House on Wednesday.

He added that “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 Speaker noted that transmission of the anti-LGBTQ+ bill is part of the established parliamentary practice and procedure, signifying the final step in the legislative process.

However, President Akufo-Addo’s refusal to have Parliament transmit the bill affects parliamentary work, Mr Bagbin said.

In addition to this, the President has refused to sign three private members’ bills passed by the House setting dangerous precedents that threaten the integrity and functionality of the country’s democratic institutions, he added.

On Monday, March 18, a letter addressed to Parliament and signed by the Executive Secretary to the President, Nana Asante Bediatuo, requested Parliament to refrain from sending the anti-gay bill to President Nana Akufo-Addo for his assent.

The decision, according to Nana Bediatuo Asante, stems from the acknowledgment of two pending applications for an order of interlocutory injunction before the Supreme Court against the bill.

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.

However, the Speaker insisted that the Attorney General’s advice did not include the rejection of the bill’s transmission.

“My attention has also been drawn to the 18 March 2024, letter from the Hon. Attorney General being referred to by the Executive Secretary to the President, Nana Asante Bediatuo above. In the said letter, I note that the Attorney-General used the phrase “…I will respectfully advice that a decision to assent to the Bill be made after the determination of the application for interlocutory injunction…”and not an advice to the President not to receive the Bill from Parliament.”

“It is therefore interesting that in view of this clear and unambiguous advice from the Attorney-General to the President, the Presidency has taken this decision,” the Speaker said.

Additionally, he called out the President and the Executive for proceeding with actions despite the pending injunction applications in court against the state.

“There must be a steadfast rejection of any attempt to unduly fetter or hinder the work of Parliament. The Parliament of Ghana operates as a crucial part of our democracy embodying the will and voice of the people. Any efforts to obstruct its work disrespects this fundamental institution and threatens the principles of governance by consent and representation,” Mr Bagbin added.