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Custodial sentences for LGBTQI+ persons are a flawed approach; we may have to test the law at the SC – Lawyer

February 29, 2024
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Kofi Bekai, a lawyer, argues that the custodial sentence in the anti-LGBTQI+ Bill is not a comprehensive and effective method for handling individuals suspected of LGBTQI+ activities.

The lawyer explained that although custodial sentences are proposed as part of laws to deter people from engaging in criminal and illegal activities, they will not address the issue of LGBTQI+ activities.

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Speaking on Nyankonton Mu Nsem on Rainbow Radio 87.5 FM, he suggested we would have to find a way to address this issue.

He commended Majority Leader Alexender Afenyo-Markin for trying to have the custodial sentence amended to community service, although he was unsuccessful.

Given this, he believes we would have to test the law in the Supreme Court so we could have the apex court order parliament to amend the aspect of the law should it be assented by the president.

”Looking at what has happened, the number of years is too much. What it means is that someone can go to the Supreme Court and challenge it. The court may order that an amendment be done,” he said in two.

He said there was nothing wrong with us as a people formulating a law to deal with issues we see as against our norms and values.

He stated that the majority of Ghanaians, religious leaders, and groups are opposed to same-sex activities, and that was why parliament was successful in passing the bill.

His challenge was about the custodial sentence, stressing that it would rather worsen the situation.

He said even in our prisons, the issue of same-sex was rampant, so sending someone who is convicted of that to prison could worsen their situation.

He suggested community service and mandatory counselling for persons who are associated with LGBTQI+ activities since that was the most reasonable approach to dealing with the matter.

“We have to reform these individuals. To reform them, a custodial sentence is not the way to go. If you go to our prisons, this disgusting thing is happening there. Community service and mandatory counselling were the approaches that were the best. If we don’t take care, those who are jailed will finish their sentencing and turn out to be worse.

He lamented that our prisons are congested and yet we keep throwing people in jail for even misdemeanours.

He emphasized the necessity of addressing misdemeanours and petty crimes in a way that prevents offenders from going to jail and instead involves mandatory community service and counselling.

When asked if the president may not use the same reasoning in rejecting the anti-witchcraft bill, he said, “The president is an astute lawyer; he has advisors who will advise him on these matters, and so he will do what is right.”

By: Rainbowradioonline.com/Ghana
 

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