In a landmark ruling, Ghana’s Supreme Court has upheld the constitutionality of Section 104, subsection 1b of the Criminal and Adult Offenses Act 1960 (Act 29). This provision criminalizes unnatural carnal knowledge between consenting individuals aged 16 and above, categorizing it as a misdemeanor.
The legal challenge was spearheaded by Dr. Obiri-Korang, a legal scholar from the University of Ghana School of Law. Dr. Korang argued that this section infringes upon rights protected by Article 18, Clause 2, Article 17, Clause 2, and Article 14, Clause 1 of the 1992 Constitution of the Republic of Ghana.
These articles safeguard the rights to privacy, non-discrimination, and personal liberty. Dr. Korang contended that Section 104, subsection 1b unjustly restricts these rights, thereby arguing for its unconstitutionality.
The Supreme Court, led by Justice Bafobodi disagreed with Dr. Korang’s contention. The court reinforced the legitimacy of the law, maintaining that it does not violate the constitutional rights in question.
This ruling has sparked significant discussion and debate regarding the balance between legal provisions and individual constitutional rights in Ghana.
WADR’s Naa Dedei Tettey reported
