An Accra High Court Monday dismissed Mr Rockson Nelson Dafeamekpor, South Dayi Member of Parliament’s (MP) application for mandamus (order for a public officer to fulfil his mandate) to compel the Speaker of Parliament and the President to act on the anti LGBTQ bill within seven days.
Mr Dafeamekpor prayed the Court to direct the Speaker of Parliament to present the Human Sexual Rights and Family Values Bill to the President in accordance with Article 106 (7) of the Constitution on the basis that Parliament duly complied with all the constitutional provisions.
The MP also prayed that the Bill be transmitted to and received by the President for assent in accordance with Article 106 (7) of the Constitution.
Again, Mr Dafeamekpor wanted an order directed at the President to receive the Human Sexual Rights and Family Values Bill as presented by Parliament in accordance with Article 106 (7) of the Constitution to assent.
The Court presided over by Justice Ellen Lordina Mireku held that although the Court had j
urisdiction over the matter, granting of mandamus was discretional and that the Supreme Court should be allowed to determine the cases before it.
The Court said there was an argument of a breach of the Constitution in the passage of the Human Sexual Rights and Family Values Bill by Parliament and would, therefore, be inappropriate to compel the Speaker to transmit the Bill considering the pending suits at the apex court.
Prior to the Court’s decision, Madam Sylvia Adesu, Chief State Attorney, argued that the application was premature and violated the separation of powers.
She said the Constitution did not allow the court to interfere with the work of Parliament.
The Chief State Attorney also said the applicant did not fulfil the requirements for a mandamus to be granted.
Madam Adesu said it would be very disrespectful for the Bill to be transmitted to the President for him to act on it when there were suits before the Supreme Court challenging its passage.
Nii Kpakpo Samoa Addo, counsel for Mr Dafeamekp
or, said the arms of government must operate within the ambit of the Constitution.
He cited Article 286(5), which stipulates that the Offices of the President and the Speaker are public offices and subject to the judicial jurisdiction of the court.
The applicant’s lawyer said the court had exclusive jurisdiction over mandamus.
Source: Ghana News Agency