A Policy Analyst, Dr Charles Wereko-Brobby, has cast doubt on the feasibility of the Anti-LGBTQ+ Bill that has been gazetted to be officially laid before Parliament on Monday.
According to him, the Bill may face challenges at the Supreme Court since there are some constitutional gaps that need to be addressed.
“I suspect there will be many challenges to it at the Supreme Court, where our Constitution gives the judges the right to decide what is consistent and what is not consistent with our constitution. That is going to come.”
Speaking on JoyNews’ Newsfile on Saturday, Mr Wereko-Brobby contended that the Bill will require the full operation of the Ghana Police Service and the Judiciary for it to be effectively implemented.
“If you look at Article 108 (2) that immediately disqualifies this Bill because the Bill must come from the executive.”
He further indicated that he is on the fence regarding the LGBTQ topic insisting that ““neither for banning nor neither for legalising” of the bill.
In his view, he is tolerant of people who subscribe to the LGBTQ+ phenomenon.
“I don’t think we should be having certainties based on our so-called moral perspective and our religious preference.”
“I grew up in Kumasi where the society of the 1960s was tolerant of ‘Kojo Besias’ through to the ’80s and ’90s in Ghana where the most popular nightspots were openly gays mixing with openly heterosexuals and there was everybody tolerating each other.”
The legislation, titled “The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021”, seeks to ensure up to a 10-year jail term for LGBTQI people.
Groups and individuals who advocate for the rights of LGBTQI people or offer support also face sanctions under the law.
The Bill has sparked outrage from human rights activists and persons sympathetic to LGBTQI people, but the proposed legislation has been welcomed by a significant number of Ghanaians and christian groups.