Parliament has passed the Human Sexual Rights and Family Values Bill, 2025. The core question now is whether President John Dramani Mahama will sign the bill into law. This decision carries significant constitutional and political weight.
During the 2024 presidential campaign, Mahama suggested he would assent to such a bill if passed. However, his current stance is more nuanced. He has emphasized moral and civic education as alternative solutions. He also noted that such legislation could be better introduced as a government bill, not a Private Member's Bill. Concerns about procedural irregularities during the bill's passage have also been raised. These factors suggest his decision is not straightforward.
This situation fits into Ghana's ongoing debate about traditional values and international norms. Previous attempts to pass similar legislation faced legal challenges. The Supreme Court has addressed some aspects of Private Members' Bills and Article 108 of the Constitution. This current bill's passage and potential assent will impact Ghana's social fabric and its relationship with international partners. The economic implications of enforcing new criminal offences are also a consideration for public finances.
President Mahama has several constitutional avenues to explore. He can consult the Attorney-General and the Council of State for advice. He is also able to return the bill to Parliament with reasons for withholding assent. This allows for reconsideration by the legislative body. He finally has the option to assent, making the bill law.
The President may consider procedural issues, similar to Uganda's experience. In 2014, Uganda's Constitutional Court invalidated an anti-homosexuality law. The court cited a lack of the required quorum during parliamentary passage. This highlights how procedural errors can invalidate legislation, even with public support. Speaker Alban Bagbin's recent concerns about the bill's passage in Ghana add to the potential for scrutiny.
Furthermore, Article 108 of the Constitution restricts MPs from introducing bills that impose charges on public funds. Past Supreme Court cases, like those brought by Richard Dela Sky and Dr Amanda Odoi concerning Private Members' Bills, did not fully settle Article 108's scope. The Court focused on ripeness, leaving open questions about fiscal consequences. The enforcement of new criminal offenses created by the Human Sexual Rights and Family Values Bill could incur significant public expenditure. This unresolved issue adds another layer to the President's decision.
The President's decision will have ripple effects. It could influence international relations and donor funding. It will also shape social policy and the legal landscape in Ghana. Ghanaians will be watching closely for his next move. The economic and social implications of the bill are substantial.