In a unanimous decision on Wednesday, July 24, 2024, the Supreme Court declared that the law prohibiting unnatural carnal knowledge, including anal sex, is constitutional.

 A seven-member panel, presided over by Justice Paul Baffoe-Bonnie, dismissed a writ challenging the constitutionality of Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29).

The court did not provide the full reasoning behind its decision, stating that it would be deposited at the court’s registry.

The writ was filed by Dr. Prince Obiri-Korang, a lecturer at the University of Ghana Law School. 

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 misdemeanour. 

Additionally, Section 104 (2) defines unnatural carnal knowledge as sex in an unnatural manner or with an animal.

Dr. Obiri-Korang argued that Section 104 (1) (b) of the Act was unconstitutional, claiming it violated the right to privacy under Article 18 of the 1992 Constitution, the right against discrimination under Article 17, and the protection of personal liberties under Article 14.