- The Supreme Court has ruled that the two Gitmo detainees' presence in Ghana is illegal
- The Supreme Court has ruled that the government should've sought out parliament's approval prior to receiving the two detainees
Ghana's Supreme Court has made a ruling with regards to the two Guantanamo Bay detainees who were received into the country by the erstwhile Mahama led administration.
In a ruling that will have great repercussions for the Guantanamo Bay detainees, a seven member Supreme Court judge panel via a six to one (6 - 1) majority vote ruled that the presence of the two former Gitmo detainees in Ghana is illegal.
According to the seven member panel presided by Chief Justice Sophia Akuffo, government should've sought out parliament's approval prior to receiving the two into the country.
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Two Ghanaian citizens - Henry Nana Boakye and Margaret Bamful - filed a lawsuit againstthe Attorney-General and Minister of Justice, and the then Interior saying that their allowing the two former Gitmo detainees - Atef and Al-Dhuby - into the country was illegal.
According to the two plaitiffs, then President Mahama and his administration's move to allow the two into the country was in breach of Article 75 of the 1992 constitution, a motion the current Supreme Court Judges have agreed with.
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According to Article 75, "(1) the President may execute or cause to be executed treaties, agreements or conventions in the name of Ghana.
“(2) 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 on-half of all the members of Parliament.”
Due to the Supreme Court's ruling, government will have to submit the agreement relating to the two detainees to parliament for its consideration and approval.
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