The Supreme Court of Ghana has upheld the constitutionality of Section 104(1)(b) of the Criminal Offences Act, 1960 (Act 29), which criminalizes anal sex. The decision, delivered by a unanimous seven-member panel led by Justice Paul Baffoe-Bonnie on July 24, 2024, rejected a writ challenging the law’s constitutionality. Dr. Prince Obiri-Korang, a lecturer at the University of Ghana Law School, filed the writ, arguing that the law infringed on constitutional rights such as privacy, non-discrimination, and personal liberties.
Section 104(1)(b) criminalizes “unnatural carnal knowledge” of a person aged 16 and above, even with their consent, classifying it as a misdemeanor. The law also includes a provision defining “unnatural carnal knowledge” as sexual intercourse in an unnatural manner or with an animal. Dr. Obiri-Korang contended that these provisions were unconstitutional and violated fundamental human rights. However, the court disagreed, affirming that the law did not breach the rights to privacy, non-discrimination, or personal liberties as argued by the plaintiff.
The Supreme Court announced that a detailed judgment would be available at the court’s registry within ten days, explaining the rationale behind their decision. This ruling has significant implications for Ghana’s legal landscape, particularly in relation to the ongoing debate surrounding the Anti-LGBTQ bill. By upholding the constitutionality of Section 104(1)(b), the Supreme Court has reinforced the legal framework against certain sexual activities in Ghana, potentially bolstering efforts to impose stricter regulations on LGBTQ activities in the country.
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