The Supreme Court of Ghana rejected, this Wednesday, December 18, two appeals against a controversial law adopted last February by Parliament. This text, which considerably restricts the rights of LGBT+ people, provides for penalties of up to three years in prison for homosexual relations, and three to five years for the “promotion, sponsorship or intentional support of LGBT+ activities” . This decision paves the way for imminent promulgation by President Nana Akufo-Addo.
A landmark decision in a conservative country
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In a country where homosexuality has already been banned since the colonial era, this new legislation marks a significant tightening. Until now, no prosecution had been initiated based on the laws in force. However, this law, which has attracted strong criticism internationally, accentuates the stigmatization of sexual minorities in Ghana.
“There is no act that the Supreme Court can overturn by virtue of its jurisdiction,” said Avril Lovelace-Johnson, presiding judge of the seven-justice panel, when announcing the decision. This law will nevertheless need to be ratified by President Akufo-Addo to come into force.
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Potential economic consequences
This text comes at a time when Ghana is going through a major economic crisis. The Finance Ministry has warned of significant financial consequences, including the loss of $3.8 billion in World Bank funding. This threat comes on top of pressure from the international community, which denounces an attack on fundamental rights.
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Ghana currently benefits from a $3 billion loan program from the International Monetary Fund (IMF), but passage of the law could jeopardize its relations with Western donors.
Appeals rejected by the Supreme Court
The Supreme Court was contacted by journalist Richard Dela-Sky, who contested the constitutionality of the text, and by researcher Amanda Odoi, who requested a ban on transmitting the bill to the president. These appeals were rejected, leaving the field open for the application of the law.
A crucial choice for President Akufo-Addo
President Nana Akufo-Addo, who will leave office in January 2025, had previously said he would wait for the Supreme Court’s opinion before making a decision. He will now have to decide on the promulgation of this law, a decision which could have a lasting impact on his political legacy and on Ghana’s image internationally.
This text, tabled in Parliament in 2021 but delayed several times, reflects a trend observed in several African countries, where anti-LGBT+ legislation is increasing. However, its implementation could increase tensions, both nationally and internationally.
