A seven-member panel of the Supreme Court has dismissed a writ challenging the constitutionality of Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29).
The court, presided over by Justice Paul Baffoe-Bonnie on Wednesday, July 24, 2024, did not read the full reasoning of the decision, which it said would be deposited at the court’s registry, graphic.com.gh reports
The writ was filed by Dr. Prince Obiri-Korang, a lecturer at the University of Ghana Law School.
Section 104 (1) (b) of Act 29 makes it a crime for any person to engage in unnatural carnal knowledge of a person who is 16 years and above, even with their consent, classifying the crime as a misdemeanour.
Section 104 (2) defines unnatural carnal knowledge as sex in an unnatural way or with an animal.
Dr. Obiri-Korang had argued in his writ that Section 104 (1) (b) of the Act was unconstitutional as it breached the right to privacy stipulated under Article 18 of the 1992 Constitution, the right against discrimination under Article 17, and the protection of personal liberties under Article 14.
Source: www.ghanaweb.com
