HON. ALHAJI MOHAMMED MUNIRU LIMUNA: CELEBRATING A MAN IN HIS BEST TIMES

By Issifu Seidu Kudus Gbeadese

(Youth Imam)

0244198031

It has been more than half a century since you were born. A grand son of a hunter whose father never had a silver spoon in his mouth yet, was able to get a son to rise to his current heights, is no mean an achievement.

In the days when names were mention on merit and not with undeserved political titles, yours was mentioned without question. You built a personality that many modeled theirs around. You fed many mouths you never encountered. You empowered many you never had a direct relationship with. Indeed, you pulled many a hand up the hills without asking for a shoulder in return.

Until you decided to take a role in politics to serve H.E John Dramani Mahama, many only heard your name and good deeds but never had an opportunity of seeing the face behind the good deeds. In office as a servant of H.E John Dramani Mahama and particularly of the people, you paid your dues and made a name across multiple regions. Although, you are not PhD but you have made PhDs out of sincerity and good intention. 

Out of political office, you are still serving with a clean heart. Any wonder, H.E John Dramani Mahama still reposed confidence in you so as to make you his personal farm manager? Out of magnanimity, you have currently dedicated personal resources to advance the course of H.E John Dramani Mahama and the NDC especially, in the Damongo Constituency. Your radio station, KASHA FM in Damongo is doing so much to advance the course of H.E John Dramani Mahama and the NDC, and that is commendable. 

Nobody is perfect, they say. And yes, Alhaji Limuna cannot claim perfection, and he never did. It is the reality that in politics, many see and appreciate people from different perspectives. So to those who might see a different person out of you is to confirm the reality of life. That in itself will not whitewash and change your personality. 

On your 57th birthday, I have neither gold nor silver to give, but this short message from deep down my heart. Keep being the person you are and let posterity to be your judge. HAPPY BIRTHDAY TO YOU HON. ALHAJI MOHAMMED MUNIRU LIMUNA. May your light keep shinning.

H.E JOHN MAHAMA’S SUPERIOR 24HRS ECONOMY AGAINST DR. BAWUMIA’S EMPTY RHETORICS

 Episode 2.

The National Democratic Congress (NDC) is set to launch its national campaign on 27th July, 2024, at the Tamale Jubilee Park. This event is considered as a declaration of a second independent for Ghana. 

The 2024 general elections is a collective effort geared towards rescuing this country from the hands of the gang of these wicked and selfish few in NPP members, who have deliberately plunged Ghana into an irreversible economic disaster. It is therefore a call to duty to all Ghanaians to join hands with the NDC to rescue and reset Ghana to a path of prosperity for all.

At this event, it is expected that the Flag bearer of the NDC and the incoming President of Ghana, H.E John Dramani Mahama, will unveil and present before the people of Ghana, the game changer policy (24 Hour Economy) which is considered as the octopus with many legs of solving the economic challenges of Ghana.

On top of the problems to be fixed with the 24 hour economy is the issue of unemployment which has become the existential threat to our collective security as a nation. The statistical service conducted a survey and reported that Ghana’s unemployment rate now stands at 14.7%, up from about 8% in 2016. This figure is scary, given that the bulk of the active population are unemployed.

As a responsive leader, President Mahama has proposed a 3-shift economy which will operate around the clock. This policy will envelope both the private and some agencies in the public sector. For example, the Passport Office, DVLA, the ports, among others are part of the proposed government agencies that will operate within the confines of the 24 Hour Economy. It implies that additional two streams of manpower will be needed in these agencies and the private sector as well. This will eventually solve the unemployment situation in the long run. 

Key amongst the targets of this policy is agro procession, which will automatically catapult Ghana into industrialization. This is expected to operate alongside the mechanization of Agriculture while ensuring value addition to Ghana’s raw materials and eventual exportation. 

Most industries in the private sector are currently operating under capacity. Under the 24 Hour Economy, companies that will sign up are expected to be handed some tax incentives and relatively cheaper power to trigger full operations of these industries. 

Under this program, the next John Mahama’s administration intends to legislate and to review the existing labour laws and other related legislations to ensure a seamless operationalization of the policy. This proposed policy has been accepted and described by many including organized labour, as the game changer and the only antidote to this sick economy. 

While Ghanaians are anxious for the next Mahama’s administration to implement this policy, Dr. Bawumia has broken jail and is promising everything including the impossible. His latest promise that has outraged many Ghanaians is his credit purchase of Smart Phones with monthly payments of GHC 1. This is not only empty and strange, but it unrealistic and a non-starter. 

A man who gave all the nice lectures in opposition and made all the juicy promises, is here with yet another layer of unrealistic promises while running away from speaking about this ailing economy. 

Indeed, the 24 Hour Economy is not only the game changer but the best prescription for Ghana’s dying economy. 

By Azenji 

(NDC DRCO—Savannah Region) 

0242313653

DR. CALLISTUS MAHAMA: A PRISTINE DISCOVERY H.E JOHN MAHAMA HAS MADE.

 

By Issifu Seidu Kudus Gbeadese

(Youth Imam from Laribanga)

0244198031

A Gonja parlance goes that “the strength of a ram is in its waist.” This is held in various ways to imply that great leaders are made by his close associates and those who have his ear. 

When he lost power in 2016, many people attributed varied reasons to President Mahama’s painful lost. On top of the list of the reasons was the conduct of those closer or who surrounded President Mahama. In the midst of these, everybody had an opinion—some justified, others were made without recourse to the facts and details of how things were done.

Dr. Callistus Mahama, a known distinguished academic, an accomplished man in many ways and high-handed principled man with his eye on details, was discovered and brought into full swing public service. He was made the Head of the Local Government Service—a position mostly reserved for mainstream politicians to execute politically-motivated agenda. 

I had a relatively faint feel of Dr Callistus at KNUST when I served as the President of the National Association of Gonjaland Students. Until his appointment, I saw Dr. Callistus as a strict academic who would not settle for any impropriety as far as administration is concerned. Mind you, this principle is far in contrast with the practice in our governance system as a country. 

I didn’t get the opportunity to access and review his works at the Local Government Service during the period he served as the head, until my curiosity got tickled when I got closer and was amazed by the kind of person Dr. Callistus is. So, I discarded my opinion about him, which was indeed, largely influenced by what people said and the relatively short interface I had with him. 

Reviewing his work at the Local Government Service made me to get more curious to read about him and his publications. This was a great person in different fields and dimensions. I have so far reviewed about 6 of his publications in addition to the legislations he introduced and championed in our local government system. I would urge anybody reading this, to venture into reading the works especially, the new legislative frameworks and the administrative processes he introduced and championed in our local government architecture. 

Fast forward, H.E John Dramani Mahama drew him even closer after 2016 to administer affairs in his office. Many wondered how a strict, principled academic and disciplinarian could blend in with the kind of political arrangement we have become to be accustomed to in our body politics. Amazingly, Dr. Callistus is able to wave through the intricacies in the political environment while maintaining the discipline and reasonableness in conducting business at the Office of H.E John Dramani Mahama. 

As it stands now, many people do not even need the audience of H.E John Mahama at his office to get fixed. Ranging from attending to official matters to handling personal issues and effectively addressing party-political issues, Dr. Callistus seamlessly get them done and dusted. Given the calibre of staff at the office of H.E John Mahama and their respective expertise and roles, it will conventionally take a person with a high sense of versatility and acumen to administer such an office. This, Dr Callistus does with some ease although amidst some difficulties as it is expected.

I am not attempting to give all to him, but ordinarily ultimate responsibility largely lies on him, and this is my entry point with this article. 

Such a person ought to be celebrated all year round while he’s alive. Conversely, we take a day out such as his birthday to tell a story such as this.

On your birthday, sir, Dr. Callistus Mahama, I deem it an obligation to celebrate you in my own way. This is not praise-singing, but a story I can tell from my heart and from my strict perspective. HAPPY BIRTHDAY TO YOU DR. CALLISTUS MAHAMA. I am eternally grateful for getting me close and to know and experience the greatness in you. 

Continue to shine even in a dungeon.

THE GONJA KINGDOM: THE NPP DIRTY POLITICS AND THE JOHN MAHAMA FACTOR.

 

By Issifu Seidu Kudus Gbeadese

(Youth Imam from Laribanga)

0244198031

The great Kingdom of Gonja is in the news again, and as usual, it is for the bad reasons from the perspective of people with conscience. Well, the news was deliberately and needlessly generated by the NPP in the region for the purposes of embarrassing the King of Gonjaland, President John Mahama and the entire Kingdom for petty political ends.

On this, I have no reason to doubt one of the finest and credible Journalists from Gonjaland, Mahama Haruna, General Manager of the award-winning Nkilgi FM, when he submitted that the renovation of the 2-rooms and a hall, an extension of the Jakpa Palace structure, was done by Hon Abu Jinapor. The genuine question Mr. Mahama Haruna however, asked was, how come that anytime Abu Jinapor executes any such project, he is always quick to label it as Dr. Bawumia’s achievement? Of all times, why will Abu Jinapor and his NPP choose now to embarrass the King and his son, John Mahama? Why will it be the time that the Kingdom is called to gather around the Yagbonwura to celebrate his one year Anniversary?

In my last epistle on a closely related subject matter, this was how I concluded: “I dare say that, if John Dramani Mahama is being chased from Accra, Gonjaland is not the home he can run to. In fact, the Kingdom will be ready to hand him over to his adversaries without asking for a reward in return. I am back to my cave in the Laribanga Mountains.” I dare say that, this assertion is still relevant and applicable as it were yesterday.

WHAT ARE THE BARE FACTS?

1. Let it be on record that, it is never and can never be true that the NPP and its government built the current Jakpa Palace. In fact, the current 2-bedrooms and a hall that has been repainted was never built by the NPP, but a collective efforts of the Gonjaland Youth Association and the respective District Assemblies and other well-meaning sons and daughters of the land. It is the fact that the current structure in reference is not the entire Jakpa palace but just an extension.

2. Let it also be record that right from Yagbonwura Awushi who first settled in Damongo, to Yagbonwura Doshie, none of them occupied the repainted 2-bedrooms. It was ONLY Yagbonwura Tuntumba Boresa who occupied one of the rooms during his reign. In fact, the current Yagbonwura has not stepped into this same repainted structure. He is currently occupying a private residence but only come to the premises of the Jakpa Palace for ceremonial activities. If what I am hearing is right, then I can safely report that, he has indicated that he would not step into the current repainted rooms in the nearest future.

3. The fact is also that, the actual Jakpa Palace which has hosted almost all the Yagbonwuras and their households is standing there without any renovation. Indeed, it does not need a renovation but a complete rebuilding which the NPP are smartly trying to swindle and choking Gonjalanders from discussing it. 

4. On his ascension to the throne, the issue of the renovation of the palace came on top of many priorities. King Bii-Kunuto in his wisdom tasked the Dr. Abu Sakara led committee to come out with a plan as to how to rally the sons and daughters of the Kingdom to get that project executed. Mind you, the Abu Jinapor led NPP in Savannah Region opposed the leadership of Dr. Abu Sakara. They indicated that they (the NPP in the region) cannot and will not work with Dr. Abu Sakara, and that if he remained the chairman of the local organizing committee, the NPP government and its leadership in the region will not honor the out-dooring of the Yagbonwura and will not also contribute to it. In his wisdom, the King, called their bluff and tasked Dr. Abu Sakara to continue his work.

5. In the circumstances, H.E John Mahama requested audience of the committee and subsequently requested it to get a complete drawings of a new palace comprising of 4 phases in which there will be the palace to house the King, a separate place to house his household, a multipurpose hall for proceedings and other durbars and a museum to display the artifacts and other historical sites in the Kingdom. This has been done and a contractor has been engaged and currently working, as far as I can report.

6. Seeing this, the Abu Jinapor led NPP in Savannah region, in their usual attempt to embarrass President Mahama and insult the rest of us in Gonjaland, ambushed the King when Dr. Bawumia visited somewhere November 2023, to not only get the palace to enskin Dr. Bawumia as a chief but to get the news out there that the Jakpa Palace needed renovation and that Dr. Bawumia had decided to do the renovation for Gonjas. This was allegedly planned and executed by the NPP leadership in the region including, Chairman Kalamonia, Hon Abu Jinapor (the architect) and the Regional Minister.

7. Acoording to the their own members, this was an act to get Dr. Bawumia to trust them and to feel they are doing everything to embarrass John Mahama and by extension the King of Gonjaland. The NPP in Gonjaland can and will sell the identity of the Gonja Kingdom at the least chance for political glory. This is a fact backed by their activities at all time necessary.

THE JOHN MAHAMA FACTOR.

In the midst of all these theatrics, there is only one goal, and that is to embarrass John Mahama. It is a fact that, if there is anywhere on this earth that John Mahama gets insulted and attacked, it is no where than in Gonjaland. Sadly, he gets insulted and attack in Bole and in Damongo the most. Let me quickly submit that Bole is now getting better while Damongo is getting worse since the coming of Abu Jinapor in Damongo and in fact, in the politics of Gonjaland.  

I am zooming on Abu Jinapor for very good reasons and without malice. The reason is that, all of these orchestrations are allegedly cooked and executed at his behest. It is common knowledge that he is the bankroller of the NPP in Savannah Region and that all, perhaps, with the exception of Dr. Clifford the Council of State Member, Chief Kpangriwura Adam Zakaria, fall to the dictates of Abu in the region. 

From his own allies, we pick reliable information that he is aiming and working tirelessly to become a running mate some day. Good for Gonjaland anyway, but must that ambition override the bigger interest of one of us becoming President? Should that push Abu Jinapor to want to make a compelling case to his political godfathers that he is capable of standing shoulder-to-shoulder with President Mahama? His social media army always wants to compare him with John Mahama, and this is a fact.

I will leave out the very minutest details and deal with the very recent happenings that everybody in Gonjaland can relate to. Aside from embarrassing Hon. Alhaji Muniru Limuna at the instance of H.E John Mahama and his father, the Buipewura, in Buipe, Abu and his NPP have committed grave sins against the interest of the Gonja Kingdom. By painting the last Yagbon Damba of the late Yagbonwura Tuntumba with NPP colors, to the extent of painting the calabashes meant to display the traditional “Big TZ” with NPP colors and pictures of Abu Jinapor. These facts are sacrosanct, except that they don’t want us to state them on days like this.

Check these!

1. On the 23rd March 2023, the NPP, with the tacit approval of Abu and the NPP regional Chairman, Kalamonia, the Northern Regional Organizer of the NPP, Rashid COP and the Savannah Regional Organizer of the NPP, Nana Kwame, collaborated and got NPP boys to hoot at John Mahama at the out-dooring of Yagbonwura Bii-Kunuto. This was immediately carried by pro-NPP media houses and gave a completely different narrative that John Mahama was being hooted at because the people of Gonjaland were angry with him, and the reasons is that he did not engage in any meaningful development in the land when he was President.

2. The 21st November 2023 enskinment of Dr. Bawumia at the Jakpa Palace was yet another orchestration of the NPP in Gonjaland to get the King and the palace entangled as well as embarrass John Mahama. This was equally reported by pro-NPP media differently to give Dr. Bawumia a certain lead over John Mahama in Gonjaland.

3. In February 2024, a well crafted plan to embarrass and disgrace John Mahama at the funeral of the late Queen Mother of Busunu Traditional Area was yet executed by the NPP and its leadership in Damongo Constituency. Some two days to the funeral, the plan was hatched that the NPP should mass up around Abu Jinapor and the Chief of Staff when John Mahama comes to the funeral grounds. The plan was to as usual hoot at John Mahama to make the case before the Chief of Staff that, yes, indeed, Abu Jinapor controls Damongo and by extension, Gonjaland as a whole. This plan was ably and swiftly foiled by the NDC with a counter plan which resulted in a clash. Indeed, Abu Jinapor and his NPP first attempted to breach the security of John Mahama with their NPP van, but this was ruthlessly stopped by the NDC. The next was that, while H.E John Mahama took his seat at the funeral, 15 minutes after the program had begun, Abu Jinapor in the midst of a noisy brass band, led the Chief of Staff to storm the grounds. Unfortunately, this was at the time the family of the late Queen Mother was presenting her tribute. Again, this was stopped by the NDC and it led to the final clash at the instance of John Mahama, the Busunuwura and the family of the late Queen Mother. 

4. The final of these embarrassments is the ongoing orchestration by Abu Jinapor led NPP in Savannah Region, in the case of the renovation of the Jakpa Palace which as usual is playing well to the plan of the NPP. The craftily put this together and decided to release it to coincide with the 1 year Anniversary of the Yagbonwura and the Annual Gonjaland Youth Congress in Damongo. Also, knowing well that John Mahama in collaboration with the Dr. Abu Sakara’s committee and the Gonjaland Youth Association, had engaged a contractor to undertake the construction of a new befitting palace in 4 different phases for the King and the people of Gonja, the NPP decided to do this in order to take that shine off John Mahama. Let it be on record that, H.E John Mahama was doing this in the quiet and as a son of the land and not a politician, which is why there was no jamboree or earlier disclosure, but the NPP will always push reasonable people to do what was originally planned to be respectfully done in the quiet. 

5. Unfortunately, and as I indicated earlier, the NPP and its leadership in Savannah Region care less about the image and identity of the Gonja Kingdom, the image of the Yagbonwura and his chiefs, and in fact, the collective pride of the people of the Gonja Kingdom. So, they can sell the land to achieve their political end no matter the cost to the people. They deliberately got Wontumi TV and its allied media houses to engage in a crafted spin on the issue of this renovation of the Jakpa Palace after same had been flooded by their social media communicators both at the national and local levels on their social media handles and platfroms. They conveniently lied against King Bii-Kunuto, the Jakpa palace, John Mahama and the entire Gonja people in the video in circulation from Wuntumi TV. 

In the circumstances, it will serve the good of the Jakpa Palace and for that matter, Yagbonwura Bii-Kunuto to either organize a press conference or issue a statement in response to the NPP and Wuntumi TV in particular; the records must be set bare by the Jakpa Palace and to call the NPP and its leadership in Savannah Region to order. The Gonjaland Youth Association has a part to play here. If the Association does not feel obliged to protect John Mahama, a member of the Association in good standing and a proud, accomplished son of the land, it should at least join in the chorus to set the records straight as the Association knows and privy to. I will equally plead with the Dr. Abu Sakara led committee to attempt an image-cleansing act, to get all these mess the NPP has deliberately created, cleaned respectfully.

QUESTIONS:

1. Is it really true that Dr. Bawumia renovated the Jakpa Palace? The answer is a big No. as far as we are told, the 2-bedrooms and a hall, an extension of the palace, was renovated by Abu Jinapor. And this was reported by Mahama Haruna, a credible media personality in Gonjaland. The issue of having to name Dr. Bawumia as the one responsible for the said renovation is an attempt to embarrass not only John Mahama, but the King of Gonjaland for very obvious reasons.

2. Is it the case that John Mahama is undertaking the building of a completely new and befitting palace for the King and the people of Gonjaland? The answer is a Big Yes. Indeed, as far as I know, and from unofficial sources, work has started in earnest and the sod-cutting ceremony is scheduled to take place at the Palace on Friday, 26th April, 2024.

3. Is it the case that the ongoing noise of the NPP is an attempt to embarrass John Mahama and to take the shine off him when eventually, the new palace he is building takes shape? This is the NPP for you, and it is unfortunate that its leadership is almost the same as its grassroots; they think the same and act almost the same.

4. How come that Dr. Bawumia will leave the Nayiri Palace and decide to renovate the Jakpa Palace? Is it the case that the Nayiri’s Palace does not need renovation? Could this be for political expediency? Is anybody from the NPP in Gonjaland attempting to use the Jakpa Palace as the convenient ballot in getting his/her political favors in the unfortunate event that Dr. Bawumia wins the next election?

5. Is it true that John Mahama as President constructed the Walewale-Nalerugu road? If true, do your calculation of the cost of 1km of road and that of repainting of 2-bedrooms and a hall, and you would but conclude that, Bawumia, perhaps, still owes John Mahama some coins. If we were to put President John Mahama and Dr. Bawumia on a scale of who has done more in the other’s backyard, Dr. Bawumia would surely have debts to pay President Mahama.

6. If at all Gonjaland wants to build a palace for the King, must it be done by desperate politicians and not the able sons and daughters from the land? Can’t the sons and daughters of the land act as such and not as politicians? Why can’t we at least copy our neighbors from Dabgon who are undertaking a similar project? Why must we always be ready to trade our identity for few temporary political points? Are we really proud as Gonjalanders?

I leave the rest for Gonjas and Gonjaland to ponder. Let me say that, Ghanaians at large have accepted John Mahama. Almost all tribes in Ghana have accepted John Mahama as the next President and Savior. What says my people in Gonjaland? What is your position? Do you want to throw away your son, who Ghanaians have embraced? Would you want to fall for the theatrics and blackmail of NPP leadership in Savannah Region or you want to stand to be counted when the day of reckoning befalls? The time to make a choice is now and never in the future. I am back in my caves in the Laribanga mountains.

Shalom!!!

THE ANTI-LGBTQIA+BILL: THE “HOLY PRESIDENT”, THE LAW AND THE SOVEREIGN WILL OF THE PEOPLE.

Issifu Seidu Kudus Gbeadese

(Youth Imam from Laribanga)

0244198031

skseidu_14@yahoo.com

Government, no matter its form and shape, ought to reflect the will of the people. Sovereignty indeed resides in the people and this is the opening paragraph in the 1992 Constitution of Ghana. It states in Article 1 thus, “the Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution.” 

It is worthy of note that the architecture of the government is crystallized on the principle of separation of powers as was contemplated by the 1992 Constitution of Ghana. With this, the fundamental assumption is that the powers of government are evenly dispersed amongst the Three Arms (Executive, legislature and Judiciary), even though Ghana’s system is practically predicated on a Hybrid System where the Executive is partly fused in Parliament. 

The 1992 Constitution of Ghana confers distinct powers on these three arms and dictating strictly how the powers ought to be exercised. Within the framework of this arrangement, no arm can stampede the conduct of business of the other, except where the Constitution places substantive limitations to the exercise of any such powers.  So, if all three arms were to respect the dictates of the Constitution, there would not have been any overlaps, stampede, usurpation and arm-twisting in any form or texture. 

How needless is the ongoing brawl between the Executive and Legislature over The Human Sexual Rights and Family Values Bill, 2024? 

Note the following:

1. Per Article 58 of the Constitution, Executive Authority is vested in the President and shall so be exercised in accordance with the Constitution and not applied capriciously.

2. The legislative power of Ghana shall be vested in Parliament and shall be exercised through bills and in accordance with this Constitution. (Article 93)

3. Accordingly the judicial power of Ghana shall be vested in the Judiciary and justice shall so be administered independently and subject only to the Constitution. (Article 125).

Per the above Constitutional provisions, the powers and duties are clearly cut out for the three arms, with each of them subject to the Constitution only without the discretion to do otherwise. 

With this arrangement, the Parliament of Ghana shall exercise the legislative powers (making of laws) through bills. Accordingly, the Constitution provides in Article 106(1) thus, “the power of Parliament to make laws shall be exercised by bills passed by Parliament and assented to by the President.” 

The procedure of law making is set out in Article 106 and the adjoining sub-clauses. For the avoidance of doubt, Sub-Clause 7 of Article 106 provides for Parliament to transmit the Bill so passed to the President to assent to or opt for any other subsequent action provided by the Constitution. Sub-Clause 7 provides, “where a bill passed by Parliament is presented to the President for assent he shall signify, within seven days after the presentation, to the Speaker that he assents to the bill or that he refuses to assent to the bill, unless the bill has been referred by the President to the Council of State under article 90 of this Constitution.” Ordinarily, one would infer from this that, until a Bill is presented by the Clerk to Parliament to the President, the Law making process provided in Article 106 is incomplete. 

So, the attempt by the Clerk to Parliament to present the LGBTQIA+ Bill to the Presidency was only an execution of a constitutional mandate as per Sub-Clause 7 of Article 106. Nothing prior, in or subsequent to this Sub-Clause suggest that, an action before the Judiciary in respect of a subject matter should obstruct, truncate, suspend or creates a fetter on a public officer (The Clerk to Parliament) from executing a duty imposed on such an officer by the Constitution. Neither the President nor the Court has been clothed with any such powers to obstruct Parliament or its officers from carrying out a Constitutional mandate such as the transmission of a Bill to the President. And there is no case law so far as we know that set any such precedence.

For the avoidance of doubt, the Constitution allows for some level of discretion to be exercised by these three arms of government, by way of regulating their own business. So, the Judiciary by an Act of Parliament (Courts Act, 1993 (Act 459) and other subsidiary legislations like C.I 47, regulates the conduct of judicial proceedings.  Also, the Constitution allows for Parliament to conduct its business by its own standing orders. This is provided in Article 110 of the Constitution. Except where a provision in the standing orders is in contravention of the Constitution, the conduct of the business of Parliament cannot be restrained by the Supreme Court. And this was the reasoning of the Supreme in the case of Dr. Amanda Odoi V The Speaker of Parliament and the Attorney General.

The Sky’s Law Suit and the Law

On the 5th of March, 2024 Richard Dela Sky, a citizen of Ghanafiled a suit invoking the original jurisdiction of the Supreme Court as per Article 2 and 130(1) for the interpretation and enforcement of the Constitution relative to the LGBTQIA+ Bill. Interestingly, at the time this writ was filed before the apex court, The Human Sexual Rights and Family Values Bill had not been transmitted to the President. It implies that, it is still a raw bill yet to be refined into a proper bill ready to be presented to the President. If this were the case, Richard Sky’s suit is premature, in that the right conferred on him as a citizen of Ghana in Article 2, to invoke the original jurisdiction of the Supreme Court for the enforcement of the Constitution is yet to accrue to him. 

For the sake of this argument, Article 2 of the Constitution states:

(1) A person who alleges that—

(a) An enactment or anything contained in or done, under the authority of that or any other enactment…is inconsistent with, or in contravention of a provision of this constitution, may bring an action in the Supreme Court for a declaration to that effect. 

A Bill yet to be presented to the President does not have the force of law to be an enactment properly so called within the meaning of Article 2(1)(a). In fact, the Supreme Court can only determine the constitutionality of a LAW and not a BILL. And as the Law Lords asserts, you cannot put something on nothing and expect it to stand. The right to even sue is yet to accrue, and until there is an enactment to be interpreted as per Article 2, the Jurisdiction of the Supreme Court to consider such a premature action can be questioned in this case. 

In that “premature suit”, Richard Sky prays the court for an order restraining the Speaker of Parliament and the Clerk to Parliament from presenting The Human and Sexual Values Bill, 2024 to the President for his assent. Unless the transmission of the Bill to the President as provided for by Article 106(7) is considered unconstitutional, respectfully, the Court has no business in restraining the Speaker or the Clerk from its transmission once it is power and duty conferred on them by the Constitution.

Also, relief 6 sought by Sky, praying the court to restrain the President from assenting to the Bill may equally suffer the same legal fate, since the act of assenting to a Bill is a constitutional mandate handed the President in Article 106(7). 

In the circumstances, the President of Ghana has no business, no power in any form or texture to have written the unfortunate letter to Parliament, seeking to dictate to the People’s Representative on how to conduct its constitutionally mandated duty. That singular act can constitute a violation of the Constitution which the President swore to uphold and defend. 

In the alternative, the President has the right to refuse to assent to the Bill. Sub-Clause 8 of Article 106 provides for the President to opt not to assent to any Bill. The provision further provides two options for the President in case he refuses to assent to the Bill; he had an option to signify to the Speaker through a Memorandum of his refusal to assent to the bill or refer the bill to the Council of State. The act of writing to Parliament and dictating to the August House to cease the transmission of the Bill to the President was not contemplated by the framers of the 1992 Constitution neither is it supported by any settled practice within the law. 

In any case, there are living precedents set by President Akuffo-Addo within the remit of this same subject matter of law suits pending before the apex court on an ongoing subject matter. It will be recalled that the Hon. Haruna Iddrisu, Hon. MahamaAyariga and another filed a law suit in the Supreme Court on April 19th, 2022, seeking to restrict the implementation of the E-levy. This was subsequent to President Akuffo-Addo’s act of not recognizing Parliament and the Judiciary and by extension, the will of the people when popular voices were against the E-levy, and went ahead to assent to it. While the suit was pending, the Ministry of Finance on the authority of the President went ahead to implement the E-levy with effect from 1st May, 2022. At the time, the Secretary to the President did not see reason, neither did the Attorney General see any legal question in respect of the pendency of the suit vis a vis the implementation of the E-levy.

Again, a coalition of Civil Society Organizations including the CDD, ACEP, SEND Ghana, Ghana Integrity Initiative, etc. filed a suit challenging the directive of President Akuffo-Addo in June 29, 2020, to the Auditor General to proceed on an involuntary accumulated leave of 167 days. While this suit was pending, the President upheld his directive and even appointed Mr. Johnson A. Aseidu to act in the stead of Mr. Domelovo. Ultimately, the Supreme Court ruled that the President’s directive was unconstitutional although, belated. 

The Sovereign Will of the People

As indicated earlier, sovereignty resides in the people and for whose interest and welfare the powers of government shall be exercised. Anything done to massage the ego and serve the individual interest of the President or any person in government is a betrayal of the people who entrusted power in the President to exercise for and on their behalf.

It is on record and public knowledge that the passage of The Human Sexual Rights and Family Values Bill, 2024, was unanimous in Parliament, without even a single dissenting voice when the voice vote was put by the Rt Hon Speaker. By implication, the will of the people was carried and affirmed through their 275 Representatives. Prior to that, the moral society of Ghana through its leaderships have submitted Memos in support of this Bill. Popular voices in Ghana are in support of this bill. How do we identify the sovereign will of the people, if not through these key stakeholders?  

The Human Sexual Rights and Family Values Bill, 2024, was introduced in Parliament as a Private Members’ Bill, in response to a surging trend of advocacy, sponsorship and the propaganda for the activities of homosexuals in Ghana. In and around 2020/21, there were bill boards being mounted across Ghana by the LGBTQIA+ plus group, seeking to regularize their activities in Ghana. Prior to this, this group started a public display of their marriage ceremonies and finally chose Accra, Ghana to host their International Conference between 27th and 30th July, 2020.

These developments came on the back of President Akuffo-Addo’s opened assertion on Al Jazeera in 2017 that Homosexuality is still illegal in Ghana, because there are not enough activists pushing for its legalization. And if in the future a strong coalition should emerge and advocate strongly, its legalization “is bound to happen.” This assertion seems to have opened the floodgates for the activism, starting with the campaigns on bill boards. 

If indeed, homosexuality is illegal in Ghana in the words of President Akuffo-Addo, how come that its activities in the form described above were not criminalized and the perpetrators brought to book swiftly as it is done to Journalists who were alleged to have attacked either the President or his wife? The nonchalance demonstrated by the President and his government in the wake of the smuggled activism was what triggered Hon Sam George and his colleagues to have initiated the current Bill to partly criminalize same sex marriage, activism, promotion, sponsorship among other activities.

Indeed, the big brother of all democracies, the United States of America did not and still does not have a universal law legalizing same sex marriage applicable to all states. Until in 2013 when the United States Supreme Court ruled in the case of United States V Windsor, declaring section 3 of the Defense of Matrimonial Act (DOMA) unconstitutional, states like Mississippi, Ohio, Arkansas, Georgia, Kentucky, Texas and 7 others, had explicit laws denying federal recognition to same sex marriage and its related activities. During this period, the International Monetary Fund (IMF) which is issuing threats to Ghana and attempting to retrain the President from assenting to the LGBTQIA+ bill still had its headquarters in the United States, with the United States being its biggest beneficiary. 

The argument that the current Bill is discriminatory and could violate human rights in Ghana is weak and unfounded on common logic. Every law is discriminatory, futuristic and somehow preemptive. So, today, can we have Armed Robbers or Rapists or Thieves inaugurate their respective associations, have opened conferences and display their activities in the open, simply because of freedom of assembly and association as provided in Article 21(d) and (e) in the 1992 Constitution? If they cannot do so, how come that homosexuals are allowed to have their opened marriages and even attempted to organize their International Conference in Ghana at a time the Ghanaian laws are said to criminalize their activities?

It is worthy of note that, the enjoyment of human rights are not without conditions. In fact, Article 12(2) of Ghana’s Constitution states explicitly that, “every person in Ghana, whatever his race, place or origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter (Chapter 5) but SUBJECT TO THE RESPECT FOR THE RIGHTS AND FREEDOMS OF OTHERS AND FOR THE PUBLIC INTEREST.” This is a clear case of fetters to the so called absolute and complete enjoyment of fundamental human rights of citizens of Ghana.

Do we have “public interest” in the activities of the homosexuals? Of course yes. Every nation is built on its history which embodies its identity, traditions and customs. It is not for nothing that the 1992 Constitution of Ghana recognizes and guarantees the Chieftaincy institution and customary law and usage in Articles 270(1) and 11(2). 

It is trite knowledge that Ghana has lost a substantial part of its traditions, customs and its pristine identity to Colonialism and Slavery. Ironically, the British who raped us off our identity and customs in the wake of colonialism is still holding their customs and traditions to their chest. Until her passing, Queen Elizabeth was the most powerful woman who ever lived. The laws of the United Kingdom are still protecting their sacred chieftaincy institution with its attendant customs. 

While at that, the United Kingdom prohibits polygamy for whatever reason. Indeed, under section 11(b) of the Matrimonial Causes Act, 1973 of the United Kingdom, a person commits Bigamy if that person at the time of committing him or herself to a marriage was already married. This law is as discriminatory as the current LGBTQIA+ Bill of Ghana if we were to hold the two to the test of proper definition of what constitutes discrimination. And interestingly, this law is applied in Ghana as a Common Law country if a couple was to marry through Ordinance instead of Customary. How?

Will Ghana be a lone lamb in Africa if we were to allow the current Bill to become law and by extension will Ghana be economically impotent? Indeed, Uganda recently passed quite a stiffer law to crack down on homosexual activities. Also, in May 2019, the High Court in Kenya upheld laws criminalizing homosexual’s acts. 

Worthy of note is that, out of the 53 countries in the Commonwealth, most of them former British colonies, 29 of them have laws that criminalize homosexuality. Indeed, within the 54 states in Africa, it is only South Africa and the French Islands of Mayotte and Reunion that have explicit laws recognizing same sex marriages and civil unions. With these scenarios, how can Ghana be treated as a lone lamb if we were to proceed to make this Bill a Law?  The Saudi Arabia, which is one of the greatest allies of the United States, prescribes death as a legal punishment for same sex marriage. 

Comparing the laws prohibiting same-sex marriage across different jurisdictions, Ghana’s current Bill is very friendly, moderate and soft in its wording and application. For instance, Section 17(3) of the current Human Sexual Rights and Family Values Bill, 2024, seeks to even protect homosexuals against extra judicial treatment. Per the above section, a person who verbally or physically abuses, assaults or harass a person accused of any offence relative to the activities of homosexuals, commits a misdemeanor and shall suffer the punishments prescribed in section 84 to 87 of the Criminal Offences Act, 1960, (Act 29).   

Perhaps, the last rape that will finally rip Ghana of its complete identity is the legalization of same-sex marriage. And where the arguments are going, just maybe, the dominoes are about to fall in favor of the legalization of homosexuality in Ghana. If we lose the ground to those seeking to undo this current LGBTQIA+ Bill, including, President Akuffo-Addo and his government’s nonchalance and intransigence, the grounds would have been fertile enough for activism to realize President Akuffo-Addo’s declaration of “IT IS BOUND TO HAPPEN.”