The Supreme Court of Ghana on Wednesday dismissed constitutional challenges launched against a bill that criminalizes LGBTQ+ expression and advocacy.

In a televised ruling, Justice Avril Lovelace-Johnson spoke for a unanimous court and explained the constitutional separation of powers between the judiciary, president, and legislature as the primary reason for dismissal. She provided that the bill has not yet formally become law, and thus the challenges made against it do “not properly invoke the exclusive jurisdiction of the court.” She stated: “It is premature for this court to exercise its interpretive and enforcement jurisdiction to intervene.” The court concluded by stating that written reasons for the decision will be provided by the end of Friday.

The bill was first introduced in 2021 as a response to the opening of an LGBTQ+ advocacy resource center in Ghana. It was unanimously passed by the Parliament of Ghana in February of this year at its third reading. In Ghana, a bill must pass three readings and receive presidential assent to become law. President of Ghana Nana Akufo-Addo stated in March that he would not assent to the bill until the court ruled on its constitutionality.

Senior Fellow at the Ghana Center for Democratic Development Abena Takyiwaa Manuh criticized the court’s outcome, stating: “I think that just this pronouncement, this kind of formalism, actually puts at risk, the lives and health of members of the (LGBTQ+) community and some of us who are human rights defenders.”

These comments build on the domestic and international criticism against the bill. The legislation criminalizes being LGBTQ+ and advocating for LGBTQ+ rights, with prison terms of up to three and 10 years, respectively. Domestically, human rights groups have called for an adjudication by the Supreme Court of Ghana for potential infringements of fundamental human rights and freedoms, including the right to privacy, the freedom of association, the freedom of speech, and the right to equality under the 1992 Constitution of the Republic of Ghana. Internationally, Human Rights Watch (HRW) has reported an increase in violence and human rights abuses against LGBTQ+ people in Ghana. HRW has urged President Akufo-Addo to reject assenting the bill.

With the legal challenges now dismissed, the bill awaits presidential assent to become law. It is unclear whether the outgoing president will give assent before his term ends. Ghana held parliamentary elections this month, with President-elect John Mahama to be sworn in early January 2025.