Gitmo 2 In Ghana Illegal – Supreme Court Rules
The Supreme Court has declared as unconstitutional the admission of
two GITMO detainees into Ghana during the John Mahama administration.
A seven-member Supreme Court panel presided over by Chief Justice
Sophia Akuffo by six to one (6 -1) majority decision said the two are
illegally in the country since the then government allowed them into the
country without prior approval by Parliament.
Margaret Bamful and Henry Nana Boakye last year sued the Attorney
General and Minister of Justice as well as the Minister of Interior,
accusing government of illegally bringing in the two former Gitmo
detainees, without recourse to the laws of the land.
The two plaintiffs were therefore seeking a true and proper
interpretation of Article 75 of the 1992 Constitution of Ghana. The
applicants claim that the President of the Republic of Ghana acted
unconstitutionally by agreeing to the transfer of Mahmud Umar Muhammad
Bin Atef and Khalid Muhammad Salih Al-Dhuby to Ghana.
Two Guantanamo bay detainees, Atef and Al-Dhuby had been in detention
for 14 years by the United States after being linked with the terrorist
group Al-Qaeda.
The Supreme court said the agreement reached by the the government of
Ghana and the United States was one that falls directly under the
purview of the provisions of Article 75 of the 1992 constitution and the
then government ought to have sought parliamentary approval before the
two detainees were admitted into the country.
Source: Starrfmonline.com
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