Ghana's Supreme Court has agreed to review the constitutionality of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, a development that puts nearly $800 million in United States development assistance at risk. President John Mahama referred the matter to the nation's highest court on Thursday, a move his office described as an effort to ensure the legislation complies with Ghana's 1992 Constitution before it takes effect.
What the Court Will Examine
Chief Justice Gertrude Torkornoo confirmed the court accepted the referral in a filing made public in Accra. The review will focus on whether the bill's provisions — which criminalise advocacy for LGBTQ+ rights and prescribe sentences of up to five years for individuals deemed to promote what the legislation terms "unnatural sexual conduct" — clash with fundamental rights protections in the Constitution. Lawyers representing civil society groups petitioned the court last month to block implementation, arguing the bill violates rights to dignity, expression, and equality before the law. A ruling is expected before June 30.
The Bill's Long Path Through Parliament
The legislation spent more than two years navigating Ghana's legislature before parliament approved it in August 2024 with a 136-to-15 vote among present members. The Senate passed a near-identical version a month later, sending the bill to then-president Nana Akufo-Addo, who declined to sign it into law but also did not veto it, allowing it to mature into law under Ghana's constitutionally mandated period. Human rights groups have documented at least 12 arrests under existing public order statutes related to the bill's advocacy provisions since February.
International Condemnation and Trade Conditions
The legislation drew immediate criticism from Washington and European capitals. The United States Agency for International Development warned in a formal communication to Ghana's Finance Ministry that the Millennium Challenge Corporation compact — a five-year development grant currently delivering $800 million in infrastructure funding to Ghana — could be suspended if the law enters into force. Britain similarly flagged potential reviews of its bilateral trade preferences under the Generalized Scheme of Preferences. The European Union, which is negotiating a comprehensive economic partnership agreement with Ghana, described the legislation as incompatible with the human rights commitments embedded in the deal.
Mahama's Delicate Political Position
Mahama, who took office in January after winning the December 2024 presidential election, faces competing pressures. Polling conducted by the Ghana Centre for Democratic Development in late 2024 showed 67 percent of respondents supported some form of legal restriction on LGBTQ+ advocacy, reflecting the conservative character of the country's electorate, particularly outside Accra and Kumasi. At the same time, international donors account for roughly 18 percent of Ghana's national budget, a dependency that limits the president's ability to dismiss Western criticism without consequence. Mahama told reporters at the presidency on Wednesday that his government respects Ghanaian cultural values while remaining open to dialogue with development partners.
Human Rights Groups Respond
The Coalition to Defend Human Rights in Ghana, a coalition of 34 organisations, welcomed the Supreme Court referral as a positive step but said the underlying legislation remains fundamentally flawed. "We are not asking the court to rewrite the law," said Amara Asante, the coalition's legal director, speaking from their offices in Accra. "We are asking whether a law that targets a specific group of people for criminalisation can ever be reconciled with a Constitution that guarantees equal protection." Human Rights Watch has separately called on Ghana's attorney general to withdraw the bill entirely and begin a process of inclusive consultation with affected communities.
Economic Consequences in the Balance
IMF Managing Director Kristalina Georgieva spoke with Mahama by telephone last week, according to a readout from the Fund's communications office. The conversation covered Ghana's ongoing programme with the IMF, which has disbursed approximately $1.9 billion of a $3 billion facility since 2023. While the IMF does not attach explicit human rights conditions to its lending, analysts at the African Development Bank noted that the institution's board has become increasingly attentive to rule-of-law standards when evaluating programme performance. Any suspension of US assistance through the MCC — which funds road upgrades and energy infrastructure in the country's northern regions — would create a financing gap that Ghana's stretched fiscal position cannot easily absorb.
What Comes Next
The Supreme Court has 90 days from the date of acceptance to deliver its ruling. If the court finds the bill unconstitutional, the attorney general will be required to advise parliament on next steps. If the court upholds the legislation, Mahama faces a choice between permitting it to take full effect — risking retaliation from key aid partners — or finding a mechanism to delay implementation while Ghana negotiates changes with parliament. Watchers at the Centre for Democratic Development say the court's reasoning will be closely studied across West Africa, where similar legislation is under consideration in Senegal and Uganda.
