Dafeamekpor Mandamus Application Dismissed

The High Court in Accra has dismissed an application for mandamus, filed by South Dayi member of parliament, Rockson Nelson Dafeamekpor to compel the Speaker of Parliament and the President to act on the anti LGBTQ bill within 7 days. Mr Dafeamekpor in his application, wanted an order, directing 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.

Rockson Nelson Defeamekpor, in his suit, argued that the Bill must be transmitted to and received by the President for assent or otherwise in accordance with Article 106 (7) of the Constitution. The South Dayi lawmaker, also 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 either assent to it or otherwise.

The judge Justice Ellen Lordina Mireku held that although the court has jurisdiction over the matter, granting of mandamus is discretionary. Justice Mireku, held that, the Supreme Court should be allowed to determine the cases before it. The court said there is an argument of a breach of the Constitution in the passage of the Human Sexual Rights and Family Values Bill by Parliament and therefore be unsuitable to compel the Speaker to transmit the Bill in view of the pending suits before the Supreme Court.

A Chief State Attorney Sylvia Asiedu, argued that the application was premature and violated the separation of powers. She said the Constitution does not allow the court to interfere in the work of Parliament. Ms Asiedu, argued on that, the applicant did not meet the requirements for a mandamus to be granted.  The State Attorney, said it would be very disrespectful for the Bill to be transmitted to the President for him to act on it when there are suits before the Supreme Court challenging its passage. Lawyer for Mr Dafeamekpor, Nii Kpakpo Samoa Addo also submitted that all organs of State must operate within the ambit of the Constitution.

He referred to Article 286(5) which stipulates that the Office of the President and the Speaker are public offices and subject to the Judicial jurisdiction of the court. He said the court has exclusive jurisdiction over mandamus.

Nii Kpakpo Addo, said they will appeal the decision of the Court.