In the midst of the controversy engendered by President Akufo-Addo’s response to why homosexuality is still criminal under the laws of Ghana and what could provoke its legalization, legal practitioner, Ace Ankomah has sought to educate the public on what the country’s law says about the act, indicating that it is not entirely criminal.
The President in an interview on Aljazeera’s ‘Talk to Al Jazeera’ intimated that legalizing homosexuality is not a matter which is "on the agenda" but "bound to happen".
He pointed out that unlike other jurisdictions, there is no sufficient reason to warrant the legalization of homosexuality in Ghana.
“This is a social, cultural issue. At the moment, I don’t feel, I don’t see that in Ghana there is that strong current of opinion that is saying this is something we need to deal with. It is not so far a matter that is on the agenda,” Akufo-Addo said.
The President has been heavily criticized by a section of the public who argues that his remark was not an absolute rejection of the idea of legalizing homosexuality.
The Christian Council of Ghana, for instance, is demanding that government states in clear terms the country's stance on homosexuality as it fears the act will be legalized should advocates pile pressure on government.
But Ace Ankomah in a Facebook post noted that “Ghana law doesn’t criminalise ALL the wide range of acts that could be termed “homosexual” adding that, “The only relevant act that our law criminalises is “unnatural carnal knowledge,” which only occurs when there has been “the least degree of penetration.”
Below is his full post:
OF HOMOSEXUAL ACTS AND GHANA’S CRIMINAL LAW
I was going to write a long article on this. But I won’t. M’abr?. I will state my views on what I think the law says, simply and bluntly. I expect some to disagree, but at least then we would be having an informed debate, hopefully.
1. Ghana law doesn’t criminalise ALL the wide range of acts that could be termed “homosexual.”
2. In general, the term “homosexual acts” applies to all bodily contact between persons of the same sex that is aimed at producing sexual gratification.
3. Sexual gratification can be had and obtained without what the law euphemistically calls “carnal knowledge,” as in “Adam KNEW his wife and she conceived...”
4. The only relevant act that our law criminalises is “unnatural carnal knowledge,” which only occurs when there has been “the least degree of penetration.”
5. And so let’s be blunt. That refers to SODOMY, ie PENILE penetration of the ANUS, as distinguished from the VAGINA in “carnal knowledge” simpliciter.
6. By analogy, in Republic v. Atiso & Gligah, the Supreme Court held WRT “carnal knowledge” simpliciter, that “least degree of penetration” means anything that goes beyond what is generally referred to as “brushing.” I will leave the relevant “unnatural” equivalent to your fertile imagination.
7. Thus any sexual act that either does not involve or stops short of penetration is NOT a crime in Ghana.
8. That is why lesbianism is not a crime, as is the case of every non-penile/non-penetrative homosexual act.
9. By the way, non-homosexual anal penetration (ie performed by men on women, whether consenting or not) is just as criminal as homosexual anal penetration.
Note that in this, I haven’t referred to “right” or “wrong.” I am just trying to present a picture of what I read from our criminal law.
Now let a news website reproduce this with the usual deliberately wrong and misleading headline, which will then shape the non-debate.
Kindly find it in your heart to pardon my typos.
Ace Ankomah