The Supreme Court has unanimously upheld the constitutionality of section 104(1)(b) of the Criminal and Offences Act 1960 (Act 29), which prohibits unnatural carnal knowledge among consenting adults or persons above 16 years.
In a decision led by Justice Baffoe-Bonnie J.S.C, and including justices Amadu Tanko, Gaewu, Adjei-Frimpong, Lovelace-Johnson, Kulendi, and Darko Asare, the Court ruled against the challenge brought by Dr. Obiri-Korang a lecturer at the University of Ghana School of Law.
Dr. Obiri-Korang had contended that the provision violated Articles 18(2), 17(2), and 14(1) of the 1992 Constitution of Ghana, which guaranteed certain rights.
Section 104(1)(b) he said, infringed on rights of privacy, non-discrimination, and personal liberties. Specifically, the provision criminalizes unnatural carnal knowledge between consenting adults aged 16 or older. The action is punishable as a misdemeanor.
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The Court’s decision affirms the legality and constitutionality of section 104(1)(b) of Act 29, rejecting the plaintiff’s claims of unconstitutionality.
The case appears to be related to current legal challenges against the anti-LGBTQ bill at the same court filed by Richard Sky and Dr. Amanda Odoi.
While Sky and Odoi want the court to declare the passing of the bill as a violation and prevent Parliament from transmitting it to the President for signing, it seems Dr. Obiri-Korang’s lawsuit, had it been granted, would probably have paved the way to make certain forms of sexual activity like anal sex, lawful as some sections of the anti-LGBTQ bill criminalises it.
