Supreme Court declares criminal law against unnatural carnal knowledge constitutional

The Supreme Court of Ghana has ruled unanimously that Section 104(1)(b) of the Criminal and Offences Act 1960 (Act 29), which criminalizes unnatural carnal knowledge of another person aged 16 or older with consent, is constitutional.

The court rejected the challenge brought by Dr. Obiri-Korang of the University of Ghana School of Law, who argued that the provision violated Articles 18(2), 17(2), and 14(1) of the 1992 Constitution concerning rights to privacy, non-discrimination, and personal liberties.

The decision confirms the legality of the existing statute, maintaining its enforcement under Ghanaian law.

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