State Attorneys (AG) defending government’s action in the Guantanamo Bay case before the Supreme Court have admitted that Ghana’s admission of the two ex-detainees was an agreement between the governments of Ghana and the United States of America (USA) and no more a diplomatic arrangement, as earlier stated.
The revelation, contained in the AG’s Statement of Defense is a sharp turn from an earlier position that the two ex-detainees were accepted into the country through a Diplomatic arrangement within the prerogative of the President’s executive powers.
The tacit admittance affirms the point by the plaintiffs that there existed an agreement between Ghana and USA and thus such an international agreement should have gone to Parliament for approval.
Speaking to the media after a no show in court on yesterday, April 12, 2016, Counsels for the plaintiffs said AG’s current position strengthens their case, given that it exonerates the plaintiffs.
The plaintiffs, Margaret Banful, a former retiree of the Foreign Affairs Ministry and Henry Nana Boakye, a law student, believe President Mahama breached Article 75 of the law by allowing the terrorist suspects into Ghana to serve two years detention under a controversial agreement signed between Ghana and the USA.
Article 75 (2), of the constitution says "a treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by- (a) Act of Parliament; or (b) a resolution of parliament supported by the votes of more than one-half of all the members of parliament.
The decision to bring the two suspects triggered heavy criticism among citizens of the country with some suggesting the President did not only fail to inform Parliament but also violated provisions of the Anti-terrorism law.
The Plaintiffs are therefore invoking the jurisdiction of the highest court of the land (Supreme Court) for the true and proper interpretation of Article 75 of the 1992 constitution which, according to them, President Mahama had breached for accepting the two Yemenis without recourse to Parliament as well as praying the court to instruct Ministry of Interior to execute the deportation of the two ex-detainees.
The case was first called on March 1, but the court, presided over by Justice William Atuguba, adjourned it to April 12, for extension of time for hearing when he granted an application filed by the Attorney General’s Department to enable it get some vital information from the United States Embassy in Accra.
The case has however been adjourned to 26th April 2016, after a no show in court.
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