The Attorney General and the Minister of Interior have been dragged to court over government’s decision to host two ex-detainees of the Guantanamo Bay prison in the country.
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AG, Interior Minister dragged to court over Gitmo detainees
Margaret Banful, a former conference officer at the Foreign Affairs Ministry and one Henry Nana Boakye filed the suit on Monday at the Supreme Court.
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They are praying the court to declare that the continued stay of Mahmud Umar Bin Atef and Muhammed Salih Al Dhuby unlawful.
The legal suit follows fears by some Ghanaians that the presence of the two poses a threat to the country's security.
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The two ex-detainees, Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby, arrived in Ghana on Thursday January 7, 2016 for a two-year stay as part of a deal reached between the United States of America and the Government of Ghana.
Seeking 11 reliefs, Margarat Banful and Henry Nana Boakye argue President John Mahama breached Article 58 (2) of the 1992 constitution and also broke his presidential oath under Schedule 2 in which he pledged to preserve, protect and defend the constitution of Ghana.
Reliefs:
1.A declaration that on a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the President of the Republic of Ghana, by agreeing to the transfer of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby (both former detainees of Gunatanamo Bay) to the Republic of Ghana, required the ratification by an Act of Parliament or a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament.
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2. A declaration that on a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the President of the Republic of Ghana acted unconstitutionally in his failure to obtain the requisite ratification by an Act of Parliament or a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament when he agreed with the Government of the United States of America to transfer Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby to the Republic of Ghana.
3. A declaration that the reception of the said detainees into the Republic of Ghana by the Parliament of Ghana is in excess of his powers under the constitution and hence unconstitutional.
4. A declaration that on a true and proper interpretation of Article 58(2) of the 1992 Constitution of Ghana, the President of the Republic of Ghana is under the obligation to execute and maintain the Anti-Terrorism Act of 2008 (Act 762) and the Immigration Act of 2000 (Act 573), both being laws passed under the 1992 Constitution of Ghana.
5. A declaration that on true and proper interpretation of chapter 5 of the 1992 Constitution the President by holding Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby under restricted conditions without a valid order of a court of competent jurisdiction is breaching their fundamental human rights and thus acting in a manner that is unconstitutional.
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6. A declaration that the President of Ghana breached Article 58(2) of the 1993 Constitution of Ghana by agreeing with the Government of the United States of America to have Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby transferred to the Republic of Ghana.
7. A declaration that on a true and proper interpretation of the 2 schedule of the 1992 Constitution of Ghana, the President of the Republic, by agreeing to the transfer of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby to the Republic of Ghana, has broken the Presidential Oath.
8. A declaration that the reception of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby and their continuous stay in the Republic of Ghana is unlawful.
9. An order directed at the Minister of Interior for the immediate removal and return of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby from the Republic of Ghana to the United States of America.
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10. Such further or other orders as the honourable Supreme Court will deem fit.
11. Cost for Court expenses and Counsel fees.
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