The Supreme Court has struck out a review application challenging its ruling on the constitutionality of Parliament’s passage of the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill.
The move follows the withdrawal of the application by the applicant, Richard Sky, through his lawyer, Paa Kwasi Abaidoo, during court proceedings on February 26, 2025.
However, Sky’s absence in court drew sharp criticism from the nine-member review panel, led by Justice Paul Baffoe-Bonnie. Members of the bench expressed disappointment that the applicant had summoned the apex court’s judges only to withdraw his case without appearing in person.
Chief State Attorney Sylvia Adisu requested that the court impose costs on Sky for withdrawing the case at the last minute. Justice Prof. Henrietta Joy Abena Nyarko Mensa-Bonsu questioned whether it was appropriate for the applicant to engage the court in such a manner. Justice Samuel Kwame Adibu-Asiedu also supported imposing costs, stating that, as a lawyer, Sky should have attended the proceedings.
However, Justices Emmanuel Yonny Kulendi and Issifu Omoro Tanko Amadu opposed the idea, arguing that the case was a public interest matter and that awarding costs was unnecessary. Despite their concerns, the court ultimately struck out the case as withdrawn.
Background of the Case
Richard Sky’s review application stemmed from a previous Supreme Court ruling on December 18, 2024, which dismissed lawsuits challenging the constitutionality of the anti-gay bill. Sky and another plaintiff, Dr. Amanda Odoi, had argued that the bill, as a private member’s bill, violated Article 108 of the 1992 Constitution by imposing financial obligations on the state.
The Supreme Court, however, ruled that their lawsuits were premature, as the bill had not yet been enacted into law. Sky’s attempt to have that decision reviewed has now been abandoned, with his withdrawal leaving the court frustrated over what some justices saw as a waste of judicial time.
