Ghana’s Supreme Court confirmed the legality of a law criminalizing gay s3x that has been in place for over 60 years.
This ruling occurs as the country anticipates a decision on a new bill that may impose even stricter penalties.
A lawsuit challenging the law was dismissed by the seven-member panel, with presiding Justice Paul Baffoe-Bonnie stating that the reasons for the decision will be provided at a later date.
Same-s3x s3xual acts are prohibited under the Ghanaian Criminal Code of 1960, which labels them as “unnatural carnal knowledge”. Violators can be sentenced to up to three years in prison.
Should the Human S3xual Rights and Family Values Bill, approved in February, come into effect, sentences will be extended, and the government will increase its efforts to target those accused of advocating for lesbian, gay, or other minority s3xual or gender identities.
Earlier this month, the court delayed its decision on whether the bill should be sent to President Nana Akufo-Addo for approval, stating that it must first be discerned if the bill is constitutional.
In 2021, law lecturer Prince Obiri-Korang petitioned the Supreme Court to annul sections of the 1960 criminal code that outlaw same-s3x sexual acts.
He argued that these provisions violated the constitutional right to privacy. Obiri-Korang contended that the criminalization of consensual same-s3x relationships infringes on personal liberties and is inconsistent with the protections afforded under the constitution.
His legal challenge was based on the premise that private, consensual adult relationships should not be subject to state interference, thus calling for a reassessment of the outdated law in the context of modern human rights standards.