A 7-member Supreme Court panel on Thursday ruled that it was illegal for two Guantanamo bay detainees to have been admitted into Ghana during the John Mahama administration without recourse to Parliament.
According to PeaceFM's Agya Kwabena, who was in court today, the panel, presided over by Chief Justice Sophia Akuffo, in six to one (6 -1) majority decision, declared that it is unconstitutional for the two ex-detainees to be allowed into the country without Parliament's prior approval.
The court also directed that the issue of the two ex-detainees' admittance into Ghana, be brought before Parliament within the next three (3) months.
Mahmud Umar Muhammad Bin Atef, 36 and Khalid Muhammad Salih Al-Dhuby, 34, arrived in Ghana from the US Naval Base in Guantanamo Bay for a two-year stay as part of a deal reached between the United States of America and the Government of Ghana.
The two, who were in detention for 14 years after being linked with terrorist group Al-Qaeda, were brought to Ghana in 2016, to be reintegrated back into their home countries.
That decision by the then Mahama-led administration was met with massive public uproar, sparking unending and heated debate in the country, with many describing it as a threat to national security.
Parent Suit
It finally resulted in two Ghanaians — Magaret Bamful, an 86-year-old retired conference officer of the Ministry of Foreign Affairs and Henry Nana Boakye, a student of Ghana School of Law (now Deputy Executive Director of the National Service Secretariat) —filing a suit against government asking the Supreme Court to declare that then President John Mahama acted unconstitutionally by accepting the former Al-Qaeda terrorists in Ghana.
The writ, with suit number J1/7/2016, was filed through their lawyer Nana Agyei Baffuor Awuah, an English and Ghanian trained Barrister, of DE MEDEIROS and Associates, an Accra based law firm.
The plaintiffs sought among other reliefs 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 by agreeing to the transfer of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby.”
And two, 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 who is under an obligation to execute and maintain laws of Ghana breached 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”.
More soon....
Source: Peacefmonline.com/Ghana
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am just surprised the behaviour of some ghanaians at this point in time...do you know that what is wrong is wrong and what is wright is right no matter how you turn the coin. How can a president and his administration who have been employed to work on behalf of a group of people do things that contravenes the mandate given them, and when we talk about it people have the moral grounds to say its because of persons in current authority...do u know what you who says so you are...more than those who even took the wrong decision. Murphy's law states that whatever that is said to go wrong or happen will happen no matter the situation. let's condemn that which is condemnable and praise that which is praisable.
YOU HAVE NEVER CONTRIBUTED MATURELY ON THIS PLATFORM.
well, where are the despicable and dddevils who call them men of God? I expect them to put pressure on akuffo addo to send the guys back .they were the same pathetic donkeys who insulted mahama to send them back.
We must find out how much the bribe taker and incompetent John Dramani Mahama took before accepting them.... They must be deported just like our people are being deported from US... John Mahama got almost all his decisions wrong as president... the guy is truly incompetent.
You really need help.
ma seri saaaa! MP'S both former & present did you hear US ambassador to US say you will all join the line for visas. And you all lost your thinking caps allowing 2 Gitmos into the Country. How much grants. aids were you offered ?
Is this necessary at all when Dollar is running at fast pace,when Security officers are being killed on daily basis,when farmers are crying of army worms and free fertilizer,when Finance minister want to take advantage of our money (Ken bond).Why do we want to create enemies between Ghana and the USA/Arabs.These people stay in Ghana is almost due.This ruling is a total ***barred word***.
Breaching the constitution? Mahama should be stripped off his former president benefits for breaching our constitution out of ignorance and disrespect for Ghanaians . Haaba NDC
With Prez Akufo Addo, Attorney Gen. Gloria Akufo and Chief Justice Sophia Akufo; what do you expect? The law is an ***barred word***.
Mahama violated the constitution to kiss Obama's arrrssse.