As a student of Constitutional Jurisprudence and Development Administration, I have noticed from my binocular microscopic lense that Mark Darlington Osae v Attorney-General & FDA case, which challenges the ban on celebrity endorsements for alcoholic beverages, may have implications for the ongoing LGBTQ+ rights cases in Ghana. The Supreme Court's decision on the Osae case could potentially set a precedent for limitations on human rights in Ghana, including those related to freedom of expression and assembly, equality and freedom from discrimination.
Osae argues that the FDA’s restrictions unfairly target individuals based on their economic status and professions, contending that such measures violate Constitutional rights outlined in Articles 17(1) and 17(2) of the 1992 Constitution.
In regards to the LGBTQ+ cases, they are also contesting that, the HUMAN SEXUAL RIGHTS AND FAMILY VALUES BILL (Yet to be assented) and Section 104 (1), (b) of Act 29 sins against Articles 18(2), 17(2) and 14(1) of the 1992 Constitution of the Republic of Ghana. If the court rules in favour of the government's ban on celebrity endorsements, it could be used as a justification for restricting LGBTQ+ rights under the guise of "public morality" or "national security." This could lead to further limitations on the rights of LGBTQ+ individuals, including restrictions on their freedom of assembly, association, expression, equality and freedom from discrimination.
On the other hand, if the court rules in favour of Osae, it could establish a precedent for protecting individual freedoms and limiting government overreach. This could potentially benefit the LGBTQ+ community by setting a legal precedent for challenging discriminatory laws and policies. The connection between these cases highlights the importance of judicial decisions in shaping the boundaries of human rights in Ghana. The Supreme Court's ruling in the Osae case will likely have far-reaching implications for the LGBTQ+ community and the broader human rights terrain in Ghana.
Is that the reason why the Supreme Court adjourned the celebrity alcohol endorsements case without a date?
We live to learn
Written by
Goodnuff Appiah Larbi
PhD Candidate
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