President John Mahama stated on May 31, 2026, in London that Ghana’s recently passed Human Sexual Rights and Family Values Bill will undergo further legal and constitutional review before it can be officially assented into law. The bill, passed by Parliament on May 29, faces procedural challenges and potential referral to the Council of State, indicating that its enactment is not imminent.
Background of the Bill
The Human Sexual Rights and Family Values Bill, which criminalizes same-sex relationships and advocacy for LGBTQ+ rights, originated as a private member’s motion. Its passage through Parliament has been met with significant debate and procedural questions.
The bill’s journey from a private motion to a potential law involves several critical stages. President Mahama emphasized that the Presidency’s legal counsel and the Attorney General will thoroughly examine the bill to ensure its compliance with legal and constitutional standards.
Procedural Irregularities Emerge
Concerns have been raised regarding the legitimacy of the parliamentary vote that passed the bill. Private legal practitioner Oliver Barker-Vormawor alleged that the bill passed with only 34 members present, falling short of the constitutional quorum requirement.
This assertion has led to a procedural dispute within Parliament. Speaker of Parliament, Alban Bagbin, expressed surprise at the bill’s passage, stating he believed it was only scheduled for consideration. He has convened a meeting with parliamentary leadership to address the alleged procedural lapses.
President Mahama acknowledged these developments, noting he had received communication about the Speaker’s statement. He indicated that the Presidency is aware of the procedural issues and is awaiting clarification.
Presidential Review and Potential Referrals
President Mahama outlined the review process within the Presidency. “Once the president gets it, you go through it because you’re not part of the discussion in Parliament,” he explained to an audience at Chatham House in London. He stressed that the legal team would ensure “everything is in order before the president is advised to assent.”
Furthermore, the President retains the option to refer the bill to the Council of State, an advisory body, if substantial concerns arise during the review. If significant issues are identified, the bill could be returned to Parliament with specific objections.
Divergent Views on the Bill
While President Mahama emphasizes caution and thorough review, some parliamentary figures are urging swift action. Majority Leader Mahama Ayariga has warned individuals engaged in LGBTQ+ practices to cease their activities, stating they will face the law once the bill is assented.
Conversely, supporters of the bill, like Akwatia MP Bernard Bediako, have dismissed quorum concerns. They argue that parliamentary procedures generally presume a quorum unless it is formally challenged during proceedings.
Implications and Future Outlook
The ongoing scrutiny means the bill’s enactment remains uncertain, despite its parliamentary passage. The legal and constitutional review, coupled with the potential for parliamentary referral, suggests a prolonged process.
This situation has significant implications for LGBTQ+ individuals and advocates in Ghana, as well as for international stakeholders monitoring human rights. The final decision rests on the rigorous examination of the bill’s procedural integrity and constitutional validity.
What to watch next includes the outcome of the Speaker’s meeting with parliamentary leadership, the findings of the presidential legal review, and any potential referral to the Council of State. The international community will also be closely observing these developments, given the bill’s controversial nature and its impact on human rights.
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