By Patience Tawiah
Nkwanta (O/R), May 30, 2026 (GNA) – Mr William Nyarko, Executive Director of the Africa Centre for International Law and Accountability (ACILA), has raised concerns over the Human Sexual Rights and Family Values Bill, 2025, warning it could face legal challenges if assented to by President John Dramani Mahama.
Mr Nyarko said any challenge to the Bill may not only focus on allegations that it infringes on fundamental human rights guaranteed under the 1992 Constitution but could also centre on whether Parliament complied with constitutional quorum requirements during its passage.
He explained that while Article 102 of the Constitution permits Parliament to conduct business when at least one-third of Members of Parliament (MPs) are present, Article 104(1) imposes a higher threshold for decision-making, including the passage of bills.
According to him, Article 104(1) requires that at least half of all MPs be present and that a majority of those present and voting support a decision before it can be validly taken.
Mr Nyarko emphasised that with Ghana’s current Parliament comprising 276 members, a minimum of 138 MPs should have been present when the Human Sexual Rights and Family Values Bill was passed.
He cited the Supreme Court decision in Justice Abdulai v Attorney-General (2022) GHASC 1, in which Justice Kulendi affirmed that while Parliament may debate matters with one-third of its members present, it cannot validly take decisions unless at least half of all MPs are in attendance.
Mr Nyarko questioned whether the required quorum was present at the time the Bill was approved, noting that information currently available in the public domain does not clearly answer that question.
He cautioned that if a court subsequently determines that Parliament failed to meet the quorum requirement under Article 104 during the passage of the Bill, any resulting law could be declared unconstitutional and void, regardless of its substantive provisions.
His concerns have introduced a new legal dimension to the ongoing national debate surrounding the Human Sexual Rights and Family Values Bill as the country awaits the President’s decision on whether to assent to it.
GNA
Edited by: Maxwell Awumah /Audrey Dekalu