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The Law Platform has secured copies of the letter of the learned Attorney-General advising the President to stay his hand pending the determination of the interlocutory applications filed at the Supreme Court against the passage and transmission of the bill to the President for assent.
The letter grounds its advice on the need for the President not to undermine the authority of the Apex Court and also not to render the application brought by Dr. Amanda Odoi and Richard Dela Sky otiose.
Instructive portions of the letter read as follows:
"The plaintiff in Suit No. J1/13/2023 seeks an order of interlocutory injunction restraining the Speaker of Parliament, the Clerk of Parliament and their respective agents, servants and assigns from forwarding the Bill to the President for his assent pending the final determination of the suit, whereas the plaintiff in Suit No. J1/9/2024 seeks the following two interlocutory reliefs:
"(a) an order of interlocutory injunction to restrain the Speaker and the Clerk to Parliament of Ghana from presenting to the President for his assent The Human Sexual Rights and Family Values Bill 2024 passed by the Parliament of Ghana on 24th February, 2024, pending the final determination of the action;
(b) An order directed at the President from giving his assent to the Human Sexual Rights and Family Values Bill, 2024 passed by the Parliament of Ghana on 24th February, 2024, pending the final determination of the action."
The respected Attorney-General renders his advice to the President in the following words:
"In the circumstances, I am of the view that assenting to the Bill whilst the applications for interlocutory injunction filed in the two suits are pending, will render the said applications otiose and undermine the authority of the Supreme Court to determine the issues raised in them.
In the spirit of upholding the rule of law, as you are obliged to do, I will respectfully advise that, a decision to assent to the Bill be made after the determination of the applications for interlocutory injunction copies of which are enclosed herein."
See the three page letter of the AG below:
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