The motion to rescind the passage was moved by the Majority Leader, James Agalga, on Monday, November 10, 2026. This move reverses the House's approval of the Bill at the third-reading stage and reopens it for correction before it can be transmitted to the President for assent. The decision was made to address technical issues with the Bill, including errors in calculating penalty units and non-aligned penal provisions.
The Bill, which prescribes custodial sentences for same-sex conduct and for promotion, sponsorship or support of LGBTQ+ activities, has been a contentious issue in Ghana. It was first introduced in Parliament in 2021 and has undergone several readings and revisions. The passage of the Bill in May 2026 was followed by controversy, with Speaker Alban Bagbin expressing surprise and directing the House to revisit the process to achieve bipartisan approval.
The Majority Leader, James Agalga, had foreshadowed the move to rescind the passage, citing mistakes in the Bill that could create serious problems when courts apply the proposed law. He emphasized that the corrections are technical and do not change the intent of the Bill. Agalga also rejected suggestions that the delay reflected a change in President John Dramani Mahama's position on the Bill, stating that the President's position remains unchanged.
The rescission of the Bill's passage allows for a second consideration, where members may move to delete, amend or add provisions. Once the corrections are made, the Bill will have to be read a third time again before the Clerk can transmit it to the President. Under Article 106 of the Constitution, the President has seven days after receiving a Bill to notify the Speaker whether he assents or refuses, unless he refers it to the Council of State.
The Bill's journey has been long and controversial, with international condemnation and warnings about its impact on Ghana's development funding. Human rights groups, including a coalition of 18 civil society groups known as the "Big 18", have opposed the Bill from the beginning. President Mahama has publicly stated his position, supporting the principle of the legislation while emphasizing the need for careful consideration.
The corrected Bill is expected to reach the President this month, before Parliament rises. The President's legal team will review the Bill before advising him on assent. If Parliament completes the corrections as promised, the Bill will be passed again and sent to President Mahama, bringing Ghana's most divisive Bill in recent years to its final test: presidential assent.
The Speaker of Parliament, Alban Bagbin, had vowed to name any MP who obstructs the Bill's passage and reaffirmed his intention to complete it during this meeting. The Bill's passage has significant implications for Ghana's LGBTQ+ community and human rights landscape. Its final outcome will be closely watched by local and international stakeholders.
Key points
- The Ghanaian Parliament has rescinded the passage of the anti-LGBTQ+ Bill to fix inconsistencies in the document.
- The Bill's passage has been contentious, with international condemnation and warnings about its impact on Ghana's development funding.
- The corrected Bill is expected to reach the President this month, before Parliament rises.
