Ghana’s Supreme Court on Thursday ruled that the acceptance by the previous government of President John Dramani Mahama of two ex-Guantanamo Bay prisoners in January 2016 was unconstitutional.
By a 6-1 majority decision the court ordered the new government to, within the next three months, either bring the agreement to Parliament for ratification or send the two suspects back to where they came from.
The apex court said the former president’s action breached Article 75 of the constitution, which requires that all international agreements be brought before Parliament for ratification.
There was a huge public outcry when former President Mahama decided to admit to Ghana the two men – Muhammed Al-Dhuby and Muhammed Bin-Atef – as part of former US President Barack Obama’s decision to close down Guantanamo Bay.
The public outcry was led by the then opposition New Patriotic Party (NPP), which is now in government and has to decide to send the agreement to Parliament, where it has an overwhelming majority, or ask them to leave. The two men are to be in Ghana for two years, under the terms of the agreement.
The suit against the former government’s decision was filed by an 86-year-old retired conference officer at the Ministry of Foreign Affairs, Margaret Bamfo and a student at the Ghana School of Law, Henry Nana Boakye.
The US Embassy in Ghana at the time assured the population that the two men, who had been held in Guantanamo Bay by the US for over 14 years on suspicion of being terrorists, were no longer dangerous.
Photo credit: NBC
Source PANA
