The Minister-designate for Justice and Attorney General, Godfred Yeboah Dame has indicated that Ghana would have to practice a free society without the discrimination of people in any form.
Responding to a question on the strengthening of our laws to fully address matters of lesbian, gay, bisexual, transgender activities in reference to Article 35 clause 5 of the constitution which requires the state to promote the integration of people without discrimination and prejudice on grounds of origin, gender, circumstances of birth, ethnic origin and others, the nominee said it would important for us not to lose sight of customs and values.
He was asked if he agrees with the assertion that Ghana would have to strengthen the law on Unnatural Carnal Knowledge with consent to deal with LGBT activities.
In response, the nominee said the provisions of the Criminal Offences Act does not offend the Constitution at all and there are cultural rights recognized by the constitution and his personal view was that “it is only when the laws are applied in a way discriminatory of a particular group of people, that you cannot assert unconstitutionality. I take the view that the decision of the Supreme Court in the case of James Kwabena Bomfeh and the Attorney General on the National Cathedral itself is an affirmation of the fact that even though there are a multiplicity of religions in the country, any decision by a President to promote a particular religion is not discriminatory in the same way any practice of a people which seeks to promote its customs and values cannot be deemed to be discriminatory and for that matter, the section of the Criminal Code is not discriminatory at all.”
“I think what is required is a free society that will not necessarily victimize persons but that should not be misconstrued to mean that the state cannot put in place certain laws which protect its customs and traditions of the people.”