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Supreme Court defers ruling on injunction applications on anti-LGBTQ Bill
The Supreme Court has deferred the ruling on the injunction application by Dr Amanda Odoi and Broadcast Journalist, Richard Sky to the transmission of the anti-LGBTQ bill to the President and rather deliver the ruling on the same day the final judgement will be given.
The five-member panel, chaired by Chief Justice, Gertrude Torkornoo stated that the court has thus agreed to make an early trial into the case as that will better serve the purpose of Justice.
The ruling on the two injunction application was delivered separately by the Supreme Court. The case has since been adjourned sine die.
The two lawsuits filed by Broadcast Journalist, Richard Dela Sky, and Researcher, Dr Amanda Odoi are against Parliament’s passage of the controversial anti-gay bill.
Mr Sky is challenging the constitutionality of the Human Sexual Rights and Family Values Bill, and he is seeking a declaration that the bill passed by Parliament breaches several provisions of the 1992 constitution and violates the country’s laws and the fundamental human rights guaranteed by the constitution.
Dr Odoi has raised concerns about specific provisions in the Human Sexual Rights and Family Values Bill.
She is also seeking a restraining order to prevent the Speaker, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for his approval.
At the last hearing Counsel for Amanda Odoi, Dr Ernest Ackon, argued that the bill, if approved, imposes a direct charge on public funds, violating Article 108. He also pointed out the lack of a fiscal impact analysis before the bill was sent to the President.
The Attorney-General, Godfred Yeboah Dame, the second respondent, argued that the Speaker’s discretion is not unconstrained by the constitution, hence warranting the apex court’s decision on the injunction application
Plaintiff Dr. Amanda Odoi seeks an injunction to stop the Speaker from transmitting the bill to the President.
The first Defendant on the case led by Counsel for the Speaker of Parliament Thaddeus Sory on his part, argued that the claims of the applicant regarding the need for a fiscal impact analysis were not supported by the constitution especially when the bill did not expressly say it will impose a charge on the consolidated fund.
According to him, the substance of the interlocutory injunction was not significantly different from a previous one filed by the plaintiffs and dismissed by the courts
He further argued that the transmission of the bill from the Speaker of Parliament to the President for him to assent is still an ongoing process that hasn’t been completed and, hence wasn’t within the jurisdiction of the Supreme Court to deliberate on the matter.
He called on the court to dismiss the application before the bench.
The Supreme Court, chaired by Her Ladyship Gertrude Torkonoo, is currently hearing the Richard Dela Sky case.
Source: Citinewsroom.com
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Prof. Mike Oquaye accuses gov’t of ‘secret trial’ of Chief Justice
Former Speaker of Parliament, Professor Aaron Mike Oquaye, has criticised the ruling National Democratic Congress (NDC) over what he described as the mishandling of the suspension of Chief Justice Gertrude Torkonoo.
He is unhappy with the constitutional provision requiring the hearing of the Chief Justice’s case to be held in-camera.
“I am concerned about certain issues that I consider vital, particularly the trial in-camera provision. You will ask yourself what the rationale is for that provision in our constitution, what is its purpose, and if we are to give it a purposeful interpretation, where shall we go? The purpose is it to benefit the people of Ghana as a whole, that the Chief Justice must be trial in-camera…”
He added, “From the very beginning, the constitution tells us justice belongs to the people, it emanates from the people, justice belongs to all of us people, one may say that this provision could be advarance to the one that says trial must be done in-camera.” he said in an exclusive interview with JoyNews.
Prof. Oquaye also raised concerns about the transparency and integrity of the process.
He argued that the judiciary must be insulated from political interference, adding that the current handling of the matter risks eroding confidence in the rule of law.
The Chief Justice was recently suspended following allegations of misconduct, after which a formal petition was submitted to President John Mahama, prompting the formation of a committee to investigate the matter.
The proceedings, however, have largely been conducted in-camera, drawing criticism from sections of the public and some legal minds.
While the NDC government maintains that the suspension was carried out in accordance with constitutional provisions, Prof. Quaye argues that the secrecy surrounding the process undermines the principles of accountability and due process.
Source:Myjoyonline.com
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Committee on Roads and Transport engages Transport Ministry
The Parliamentary Select Committee on Roads and Transport has paid a familiarization visit to the Ministry of Transport and its agencies to perform its legislative oversight and foster collaboration in Ghana’s transport sector.
The visit by the 17-member Committee led by its Chairman, Isaac Adjei Mensah, who is also the Member of Parliament for the Wassa East Constituency in the Western Region, was aimed at getting updates on ongoing projects and foster direct dialogue with agencies under the Ministry’s purview.
The Chairman of the committee described the visit as “a strategic and symbolic gesture” and emphasized the importance of direct engagement with sector leadership to enable informed legislative support.
The Transport Minister Joseph Bukari Nikpe outlined some reforms including a framework to regularize commercial motorcycle operators, popularly known as Okada by lowering the minimum rider age from 25 years to 21 years, which is near completion and will soon be presented to Parliament.
He also mentioned the reviving of Ghana’s national carrier via a public-private partnership, upgrading airport infrastructure, studying coastal routes to ease road congestion, opening a new DVLA branch in Adenta, and upgrading the Ghana Civil Aviation Training Academy.
The minister also disclosed that the ministry is in the process of procuring new buses for Metro Mass and STC.
The other Members of the visiting Committee were Chiwitey Dari Andrew, Vice Chairperson and MP for Sawla/Tuna/Kalba; Osei Nyarko Kennedy, MP for Akim Swedru and the Ranking Member; Francis Asenso-Boakye, MP for Bantama; Frimpong Kwame Ohene, MP for Asante Akim North; Cudjoe Doyoe Comfort, Ada MP; Marfo Ahenkorah Kofi, MP for Achiase; Mahama Toure Naser, Ayawaso East MP; Ziedeng Anwataazumo Bede, MP for Lawra and Mubarak Seid, MP for Sunyani East.
The Committee also visited the Civil Aviation Authority and the Civil Aviation Training Centre to be acquainted with its functions and operations.
