Gloria Akuffo, Attorney General
The Supreme Court has given the Attorney General’s Office seven days to file its written response to a suit challenging the legitimacy of the Ghana-US military co-operation agreement.
This was after the AG’s Office, represented by a Principal State Attorney, prayed the court for an extension of time to respond to issues raised by the suit.
The Ashanti Regional Youth Organiser of the opposition National Democratic Congress (NDC), Yaw Brogya Genfi, had gone to the apex court praying it to nullify the military co-operation agreement between the government of Ghana and that of the United States of America (USA) although the deal had been ratified by Parliament.
In the suit, which has the Attorney General and Minister of Justice, Gloria Akuffo, and the Minister of Defence, Dominic Nitiwul, as defendants, the plaintiff claims that the decision by Parliament to ratify the agreement between the government of Ghana and that of the USA is contrary to constitutional requirement.
He is therefore seeking a declaration that the Minister of Defence acted in contravention of Articles 58 (1) and 75 (2) of the 1992 Constitution “when he laid or caused to be laid before Parliament an unexecuted draft of the supposed Defence Co-operation Agreement for ratification under Article 75 of the 1992 Constitution”.
Parliament on March 23, 2018, ratified the controversial Ghana-Us military agreement although the minority NDC staged a last minute walk-out.
Per the agreement, Ghana has entered into collaboration with the US military which would allow the latter unfettered access to some facilities.
The deal will also allow for military training activities between the armies of the two countries.
Ghana is expected to earn some $20 million to aid military training as part of the agreement.
Prior to the ratification, NDC Members of Parliament (MPs) turned Parliament House upside down and made it ungovernable in a desperate move to prevent the House from ratifying the controversial deal.
Wearing red arm bands and headgears, the NDC MPs sang war songs and violently hijacked the public address system in the chamber.
They disabled the electronic microphones amidst disruptive banging of their desks.
All these went on with the tacit support of gurus of the party and some party faithful, who had gathered at the public gallery in the chamber.
Following the ratification, the Ashanti Regional Youth Organiser of the party has gone to the Supreme Court seeking to overturn the agreement.
Among the reliefs he is seeking include:
(1) An order setting aside the supposed Defence Co-operation Agreement between Ghana and the United States of America on grounds that it is not in the national interest of Ghana and contravenes Articles 1 (2), 2,11, 33, 125, 130, 135, 140, 75 and 73 of the 1992 Constitution.
(2) A declaration that by the provisions of Article 75 of the 1992 Constitution all bilateral and multilateral agreements entered into by the government of the Republic of Ghana must be executed by the President or a person authorized by the President before it is laid before Parliament for ratification.
(3) A declaration that neither the executive nor legislative branch of government has the power to enter into or ratify a treaty that ousts the jurisdiction of the superior courts of Ghana in matters concerning the interpretation, application or enforcement of any international agreement and further provide that such international agreement cannot be subject to any other court in the world.
The court presided over by Justice Gabriel Pwamang gave the AG’ Office seven days within which to file its statement of case.
BY Gibril Abdul Razak