The rule that forbids unnatural carnal knowledge, like anal intercourse, has been deemed constitutional by the Supreme Court.
On Wednesday, July 24, 2024, a seven-member panel of the court dismissed a writ contesting the validity of Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29) in a unanimous ruling.
The complete court’s rationale, which was stated to be lodged at the court register, was not read by the Justice Paul Baffoe-Bonnie-presiding court.
A lecturer at the University of Ghana Law School named Dr. Prince Obiri-Korang filed the writ.
Act 29’s Section 104 (1) (b) declares it unlawful for anyone to have unnatural carnal knowledge of a person 16 years of age or older, even with that person’s agreement. This offence is classified as a misdemeanour.
Unnatural carnal knowledge is defined as having sex with an animal or in an unnatural manner under Section 104 (2).
In his writ, Dr. Obiri-Korang claimed that Section 104(1)(b) of the Act violated the 1992 Constitution’s rights to privacy (Article 18), the right to be free from discrimination (Article 17), and the protection of individual liberties (Article 14).