The Supreme Court has ruled that the law prohibiting unnatural carnal knowledge, such as anal sex, is constitutional.
On Wednesday, July 24, 2024, a seven-member panel dismissed a writ challenging the constitutionality of Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29).
Presided over by Justice Paul Baffoe-Bonnie, the court did not provide a full explanation during the session, stating that the detailed reasoning would be available at the court’s registry.
The writ was filed by Dr. Prince Obiri-Korang, a lecturer at the University of Ghana Law School, who contended that Section 104 (1) (b) violated several constitutional rights, including the right to privacy under Article 18, the right against discrimination under Article 17, and the protection of personal liberties under Article 14.
Section 104 (1) (b) of Act 29 criminalizes unnatural carnal knowledge of a person aged 16 and above, even with consent, categorizing it as a misdemeanor.
Section 104 (2) defines unnatural carnal knowledge as sex in an unnatural way or with an animal.
