The Supreme Court has declared as unconstitutional for President John Mahama to have allowed the United States to bring two Guantanamo Bay ex-prisoners into Ghana without parliamentary approval.
A 7-member panel chaired by Chief Justice Sophia Akuffo reached the ruling by 6 – 1 majority.
The court has, therefore, ordered government to within the next three months send the agreement to parliament for ratification or have the two detainees returned to the United States of America.
It will be recalled that Margaret Banful and Henry Nana Boakye filed a suit against the Attorney-General and Minister for Justice, and Minister of Interior on the relocation of Mahmud Umar Muhammad Bin Atef and Khalid Muhammed Salih Al-Dhuby in Ghana without seeking parliamentary approval.
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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.