SC declares criminal law against unnatural carnal knowledge is constitutional

The Supreme Court of Ghana, in a unanimous decision, has declared as constitutional the existing criminal law against unnatural carnal knowledge of another person of not less than sixteen years of age.

The court ruled that section 104(1)(b) of the Criminal and Offences Act 1960 (Act29) which is being contended by the applicant, Dr Obiri-Korang of the University of Ghana School of Law is constitutional.

The applicant argued that the said provision sins against Articles 18(2), 17(2) and 14(1) of the Constitution.

The Plaintiff’s complaint of unconstitutionality of section 104(1)(b) of Act 29 was grounded on the breaches of the said section to rights of privacy, non-discrimination and liberties of a person.

In specific terms, and for clarity, the Plaintiff contended to the disagreement of the Supreme Court that section 104(1)(b) of Act 29 sins against Articles 18(2), 17(2) and 14(1) of the 1992 Constitution of the Republic of Ghana.

Section 104 (1) (b) of Act 29 which the Plaintiff, Dr Obiri-Korang, contended was unconstitutional reads as follows:

“104. Unnatural carnal knowledge

(1) A person who has unnatural carnal knowledge

(b) of another person of not less than sixteen years of age with the consent of that other person commits a misdemeanour”

The Court was presided over by Justice Baffoe-Bonnie J.S.C, with Justice Amadu Tanko, Justice Gaewu, Justice Adjei-Frimpong Justice Lovelace-Johnson, Justice Kulendi, and Justice Darko Asare.