The Supreme Court of Ghana has ordered the Attorney General’s office to come before it in the case surrounding government’s admission of two former Guantanamo Bay detainees into the country or else it would go ahead and pronounce a judgement.
The attorney general’s office has not sent a counsel to represent the government in court on several occasions including on Tuesday morning and as such the judges of the country’s highest court have ordered them to appear when it sits on Wednesday.
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Two Ghanaians; Henry Boakye and Margaret Bamful; want the court to determine that the president acted unconstitutionally by agreeing with the United States government to host the two former detainees in Ghana and as such are among other reliefs; seeking interpretation of article 75 of the constitution.
The article which talks about the execution of treaties says: “(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 one-half of all the members of Parliament.”
Members of Parliament were not consulted in the decision to bring the two former detainees.
Khalid Muhammad Salih Al-Dhuby and Mahmud Umar Muhammad Bin Atef have been in the country since early January. Their presence caused huge public outcry as many felt the government was treading on dangerous grounds by bringing people suspected to have been terrorists into the country.
The detainees have however expressed their profound happiness by the government’s decision to admit them into the country.