President John Dramani Mahama has indicated that the Human Sexual Rights and Ghanaian Family Values Bill, popularly known as the Anti-LGBTQ+ Bill, is still far from becoming law despite its passage by Parliament.
Speaking during a briefing at Chatham House in London as part of activities surrounding the Ghana-UK Investment Summit, President Mahama explained that several procedural and constitutional issues surrounding the bill must first be addressed before it can be considered for presidential assent.
The President noted that although he supports the principles underpinning the legislation, his administration will subject the bill to thorough legal scrutiny to ensure that all parliamentary procedures were properly followed and that there are no constitutional breaches.
According to him, concerns have emerged regarding the manner in which the bill was passed in Parliament, including questions about whether the House had the required quorum at the time of its approval.
“Parliament has been considering it and it was supposed to have been passed last week. There have been a few issues raised. One, that there wasn’t quorum when it was passed. That’s an issue that has come up,” Mahama stated.
He further revealed that additional concerns have been raised about procedural lapses during the legislative process.
“There were some procedural lapses in terms of its passage. I just got some communication that the Speaker was reading a statement to address the issue of the lapses in the passage of the bill,” he said.
The President emphasized that the bill has not yet been formally transmitted to the Executive for assent, partly because of the ongoing reviews surrounding these concerns.
Mahama explained that once the legislation reaches his office, it will undergo detailed examination by legal experts within the Presidency and the Attorney General’s Department.
He stressed that because the legislation originated as a private member’s bill rather than a government-sponsored bill, additional legal scrutiny would be required.
“Once the President gets it, you go through it because you are not part of the discussion in Parliament. The legal counsel in the Presidency and the Attorney General would sit on it because it was a private member’s motion. This was not a government bill,” he explained.
He added that the review process would seek to establish whether all constitutional and procedural requirements had been satisfied before any advice is given regarding assent.
The President also outlined the constitutional options available to him when the bill eventually reaches his desk.
One such option, he noted, is seeking guidance from the Council of State, the constitutional advisory body to the President.
“The President has another option. If there are some things that he thinks are a problem, he can refer it to the Council of State for advice. The Council of State is an advisory body to the President. They will take a look at it and then advise the President,” he stated.
Mahama further disclosed that if substantial legal or procedural concerns are identified during the review process, the bill could be sent back to Parliament for reconsideration and amendments.
“If there are issues, substantial issues that are raised, the President would return the bill to Parliament indicating exactly what the issues are,” he said.
The President’s remarks suggest that the legislative journey of the controversial bill remains far from complete, despite public expectations that it could soon become law.
He stressed that several constitutional processes remain outstanding before any final decision can be taken.
“And so there’s still quite a while to go before that bill becomes law,” Mahama stated.
The Human Sexual Rights and Ghanaian Family Values Bill has generated intense debate both within Ghana and internationally.
Supporters argue that it seeks to preserve Ghanaian cultural and family values, while critics contend that it could infringe on fundamental human rights and freedoms.
Mahama has previously indicated that he would sign the legislation if Parliament duly passes it and presents it to him in accordance with constitutional requirements.
However, his latest comments underscore the importance of ensuring that the bill complies fully with legal and procedural standards before any executive action is taken.
By 1960news.com
