The Supreme Court has explained why it upheld the law criminalising unnatural carnal knowledge in the country.

According to the apex court, foreign laws are not applicable in the country. Therefore, the fact that certain countries have legalised the act does not mean it has to be legalised in Ghana.

It further stated that foreign laws which are alien to the values of the country cannot be adopted, as reported by graphic.com.gh

“The law’s utility thus becomes waste if it is just transportation of alien cultural values and ideas which have no foundation at all with the peculiar social factors in our legal system,” the court held.

The court also upheld that the Criminal Offences Act, 1960 (Act 29), Section 104 (1) (b), which criminalised unnatural carnal knowledge, did not violate the 1992 Constitution.

Per this judgment, any form of sexual intercourse that does not involve penetration with a penis into a woman’s vagina remains a crime punishable by law.

“Therefore, any sexual intercourse with a person or animal other than through the means of penetration with a penis into the female vagina is unnatural and criminalised under Section 104 of Act 29.

“Such situations include sodomy and bestiality, which is carnally knowing an animal or where a person allows an animal to carnally know that person,” the court held.

This comes in the wake of a suit filed by one Dr. Prince Obiri-Korang which was subsequently dismissed by the Supreme Court.

Dr. Obiri-Korang’s suit sought to challenge the constitutionality of laws criminalizing homosexuals and LGBT individuals.

Dr. Obiri-Korang further argued that Section 104(1) (b) of Act 29 violated the right to privacy and liberty as respectively provided under Article 18(2) and 14(1) of the 1992 Constitution.

The court, however, said Dr. Obiri-Korang’s arguments were based on laws of other countries not applicable in Ghana.

MAG/MA