The application in which the NDC MP for South Dayi, Rockson-Nelson Dafeamekpor is seeking the High Court to compel the President to act on the anti-LGBTQ+ bill has been refused.

The decision comes after Chief state Attorney Sylvia Adesu and lawyer for Member of Parliament for South Dayi, Nii Kpakpo Samoa Addo argued their cases before the court.

Sylvia Adesu in her argument said that, the 1992 Constitution does not encourage the court to interfere in the affairs of Parliament. She further aruged that, the application is premature given reason that, the bill is still between Parliament and the President for which reason it cannot be challenged.

Additionally she told the court that, it will be disrespectful for the process to go on considering the pendency of the two suits before the Supreme Court.

Lawyer Nii Kpakpo Samoa Addo representing Rockson-Nelson Dafeamekpor also argued that the High court has original jurisdiction over mandamus application.

The presiding Judge, Justice Ellen Lordina Serwaa Mireku after listening to both arguments made a determination that, inasmuch as the High Court has discretion over the mandamus application, it will be inappropriate to compel the respondents to present the bill.

She also explained that, the pending suits before the Supreme Court bother on the constitutional provisions relied on by Parliament for the anti LGBTQ+ bill, for which reason it will be inappropriate to exercise her discretion.

In his suit, the MP was seeking several declarations and orders regarding the powers of the President under the 1992 Constitution of Ghana.

Mr. Dafeamekpor, among other things, asked for a declaration that, according to Article 106(1) and (7) of the Constitution, a President can only assent to or refuse to assent to a bill within seven days, unless the bill has been referred to the Council of State.

He was also seeking a declaration that the President cannot prevent Parliament from transmitting a bill that has been passed to him.

Again, the MP wanted a declaration that a letter dated March 18, 2024, addressed to the Clerk of Parliament and signed by the Secretary to the President, Nana Bediatuo Asante, is in contravention of the Constitution, hence the President must withdraw the letter.

But addressing the court today, lawyers for the Attorney-General represented by Chief State Attorney Sylvia Adeso argued that the High Court had no jurisdiction to grant the application filed by Rockson-Nelson Dafeamekpor.

Meanwhile, Lawyer Nii Kpakpo Samoa Addo said they will appeal the decision of the high court.