Anti-LGBTQ+ bill: Prof Abotsi highlights Parliament's power to pass a bill without presidential assent

Ghanaian

Prof. Ernest Kofi Abotsi, Dean of the Law School at the University for Professional Studies, Accra (UPSA), has underscored the constitutional provision empowering Parliament to enact laws without requiring presidential assent.

In light of the ongoing dispute between Parliament and the Presidency over the Human Sexual Values Bill, also known as the anti-LGBTQ+ bill, Prof. Abotsi emphasised Parliament's ultimate authority

Read full articlein legislative affairs, despite the executive's role in assenting to bills as outlined in Article 106 of the constitution.

The recent directive from the Presidency, instructing Parliament not to transmit the bill for President Akufo-Addo's assent, cited pending applications for an interlocutory injunction before the Supreme Court.

Speaking on JoyNews’ PM Express, Prof. Abotsi indicated the procedural aspect, explaining that if the executive declines to assent to a bill, a series of exchanges typically occur between Parliament and the executive. However, he noted that if Parliament persists and rejects proposed executive changes on three occasions, it can pass the bill into law without needing presidential assent.

"The Executive’s participation in lawmaking is rather administrative because it is not that substantive. It can’t defeat the legislative authority of Parliament,” he remarked.

Despite emphasising Parliament's legislative power, Prof. Abotsi stressed the importance of collaboration among the branches of government, advocating for cooperation rather than unilateral actions.