Ghana’s Supreme Court has reaffirmed a 60-year-old law that criminalises same-sex relations, as the country awaits a pending court decision on a proposed bill that seeks to impose even stricter penalties.
The Ghanaian Criminal Code of 1960 outlaws same-sex sexual acts, describing them as ‘unnatural carnal knowledge,’ with offenders facing up to three years in prison, Reuters reports.
If the Human Sexual Rights and Family Values Bill, passed in February, comes into effect, sentences will be extended, and the government plans to intensify its crackdown on individuals accused of promoting LGBTQ+ rights or identities.
In 2021, law lecturer Prince Obiri-Korang petitioned Ghana’s Supreme Court to strike down provisions of the 1960 code that criminalize same-sex relations, arguing that they violate the right to privacy enshrined in the constitution. Obiri-Korang contended that Section 104(1)(b) of Act 29 breaches privacy, non-discrimination, and personal liberties, and is inconsistent with Articles 18(2), 17(2), and 14(1) of Ghana’s 1992 Constitution.
He sought to persuade the court to follow the precedent set by constitutional courts in India, the Caribbean, and other jurisdictions that have deemed similar laws on unnatural sexual intercourse unconstitutional.
Although the court postponed ruling on the transmission of a related bill to President Nana Akufo-Addo, pending a determination of its constitutionality, the seven-member panel ultimately dismissed Obiri-Korang’s lawsuit.
Presiding Justice Paul Baffoe-Bonnie indicated that the reasons for the decision would be provided at a later date.
