Former Ghanaian President John Dramani Mahama is advocating for broad-based consultations to navigate the future of Ghana’s contentious anti-LGBTQ legislation, formally known as the Human Sexual Rights and Family Values Bill. His call for dialogue comes at a critical time, as the bill has continued to spark debate both within Ghana and across the West African region, including Nigeria, where legislative responses to LGBTQ matters remain in the spotlight.
Mahama’s recommendation is clear: the process of reintroducing the bill should not be rushed, and there should be genuine efforts to achieve consensus. He suggests that the bill would be more effectively managed if presented as a government-sponsored initiative, rather than pushed forward as a private member’s motion—a route that defined its previous draft but ultimately led to its expiration in parliament.
Speaking before members of the Catholic Bishops’ Conference on Tuesday, 14th January, Mahama reminded attendees that the earlier iteration of the bill failed to become law partly due to delays in presidential assent during Nana Akufo-Addo’s administration. The president’s decision not to sign the bill left its status in limbo, resetting the conversation on the proper legislative path.
Mahama emphasized that before the bill is brought back to the legislative floor, a broad cross-section of views should be sought. He called for inclusive consultations involving religious institutions, civil society organizations, legal professionals, and representatives from various communities across Ghana and the wider region:
It has expired. I don’t know what promoters of the bill intend to do, but I do think that we should have a conversation on it again so that, if we decide to move that bill forward, we move it forward with a consensus. And probably it shouldn’t be a private member’s bill, it probably should be a government bill with governments behind it, after consultation with all the stakeholders to see how, you know, we’re able to move this forward.
Beyond legal questions, Mahama also underscored the role of education in shaping and reinforcing family values—a central theme for those supporting the bill. He argued that instilling these values within the school system can support national cohesion and reflect cultural norms:
But it leads us back to the discussion we had that if we’re teaching our values in school, we wouldn’t need to pass a bill to enforce, you know, our family values. And that’s why I think more than even the Family Values Bill is us agreeing on a curriculum that inculcates these values into our children as they are growing up so that we don’t need to legislate it. And so we’ll see how all this goes.
LGBTQ
The Status of the Anti-LGBTQ Bill: What’s at Stake?
Parliament unanimously passed the Human Sexual Rights and Family Values Bill on 28th February 2024, marking a significant milestone in Ghana’s legislative approach to LGBTQ+ issues. The bill seeks to criminalize LGBTQ+ activities, proposing penalties that range from six months to three years in prison for individuals engaging in such acts, and from three to five years for those found guilty of promoting or funding these activities.
Supporters frame the bill as a protection of Ghanaian cultural and religious values, while critics warn it could undermine human rights, restrict freedom of expression, and trigger international backlash. These debates mirror those in Nigeria, where the Same Sex Marriage (Prohibition) Act has been in place since 2014, drawing both domestic support and international criticism.
Legal Roadblocks and Controversies
Despite the parliamentary passage, the bill did not become law. Former President Nana Akufo-Addo withheld his assent after legal actions were launched to challenge the bill’s constitutionality. Key plaintiffs included broadcast journalist Richard Dela Sky and gender activist Dr. Amanda Odoi, both of whom argued that certain provisions of the bill contravened Ghana’s constitution and international human rights obligations.
Their legal challenge introduced a pause in the legislative process. In December 2024, Ghana’s Supreme Court, led by Justice Lovelace Avril Johnson, rejected the injunctions, noting that until presidential assent is granted, the bill cannot be considered law. This ruling left the bill’s future uncertain—and reignited debates about the right path forward for democracy and social policy in Ghana and beyond.
Why Consensus Matters in Ghana—and Across West Africa
The story unfolding in Ghana holds particular relevance for Nigeria and other West African countries likewise contending with questions of human rights, tradition, and legal reform. Recent years have seen international organizations and Western governments pressuring African states to review or revise anti-LGBTQ legislation. Domestically, however, many citizens and leaders see these laws as a necessary affirmation of cultural identity and religious beliefs.
- Public Sentiment: Surveys consistently find that a majority of Ghanaians and Nigerians oppose the legalization of same-sex relationships, reflecting deep societal conservatism.
- Regional Impact: Activists and policymakers in neighbouring countries are watching Ghana’s legislative journey closely, as outcomes there could influence policy debates in Nigeria, Côte d’Ivoire, Togo, and beyond.
- International Ramifications: Human rights groups have warned of potential economic and diplomatic fallout should the bill become law, pointing to reductions in aid, strained bilateral ties, and reputational risks for West African states.
Balancing Tradition, Rights, and the Path Forward
Mahama’s latest commentary reveals ongoing tensions between legal process, cultural tradition, and international human rights standards. While there is broad support among many West Africans for laws that reflect societal values, several key questions remain: How can lawmakers ensure that these laws are consistent with national constitutions? What room is there for compromise or reform?
For countries like Nigeria—where the Same Sex Marriage (Prohibition) Act has been widely enforced—the Ghanaian experience offers insight into the challenges of balancing domestic pressures with international scrutiny. Legal experts across West Africa have suggested that the only way to achieve durable solutions is through open, fair, and extensive public consultations.
Expert and Local Voices on the Issue
“A key lesson for Ghana—and indeed for all African countries—is the need to ensure that our laws not only reflect cultural norms but also protect the dignity and rights of all citizens,” says Lagos-based human rights lawyer Ifeanyi Ubah. “Lasting solutions come from listening to all sides, whether religious leaders, civil society groups, or the people most affected.”
Local reactions across West African cities highlight both the complexities and the deeply personal stakes involved. “This is about our identity, but it’s also about the kind of country we want to build for the next generation,” explains Esi Mensah, a teacher in Accra. Similar views resonate in Nigeria, where public opinion on LGBTQ+ issues remains strongly conservative but is evolving, especially among younger generations.
What Next? Nigeria, Ghana, and the Broader Regional Conversation
As the debate over Ghana’s Human Sexual Rights and Family Values Bill continues, the next steps will likely include renewed public engagement, legal reviews, and possibly new strategies for introducing the legislation. All eyes are on how the Ghanaian government and civil society navigate these challenges—and what ripple effects may be felt across Anglophone and Francophone West Africa.
For many observers, this is not just a matter of law, but a broader societal conversation about values, rights, and the future direction of the region. The importance of inclusive dialogue—one that brings together government, religious institutions, activists, and ordinary citizens—cannot be overstated as West African nations grapple with these fundamental issues.
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