Anti-LGBTQI Bill: Full reasoning of the High Court in dismissing Dafeamekpor’s suit

On March 25, the Member of Parliament for South Dayi filed a suit at the High Court to among others, seek an order compelling the Speaker of Parliament to present the anti-LGBTQI Bill to the present and at the latter to accept and act on it.

However, the court, presided over by Justice Ellen Lordina Serwaa Mireku, dismissed the suit.

The court, in digesting the case, concerned itself with two issues;

1.Whether or not the applicant has made a case for the grant  of the order of mandamus

2.Whether it was an appropriate case for which an order of Mandamus should be issued.

On the first issue, the court established that the applicant satisfied all the requirements for the grant of the remedy, per the plethora of cases and he indeed did not need to make a demand on the Speaker and President before filing the suit since the duty complained of is one imposed by the constitution and not a statute.

In dealing with the second issue, the court noted that there were two cases pending before the Supreme Court and that those cases are challenging the constitutionality of the LGBTQI Bill and thus would be premature for the court to grant the remedy.

Check out the full judgment;