The Supreme Court in a unanimous decision has dismissed a suit challenging the legitimacy of the Ghana-US military co-operation agreement signed between the governments of the two nations.
The panel presided over by the Chief Justice, Justice Anin Yeboah dismissed the suit saying it was “unmeritorious”.
The court said reasons behind its decision to dismiss the writ would be made available at the court’s registry on or by May 20, 2020.
Other members of the panel included Justices Paul Baffoe-Bonnie, Yaw Apau, Gabriel Pwamang, Samuel Marful-Sau, Nene Amegatcher and Prof. Nii Kotei.
Suit
The Ashanti Regional Youth Organiser of the opposition National Democratic Congress (NDC), Yaw Brogya Genfi, filed the suit asking the Supreme Court to nullify the military co-operation agreement between the government of Ghana and 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 claimed that the decision by Parliament to ratify the agreement is contrary to constitutional requirement.
He was 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.”
Ratification
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 exchange of military cooperation including 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.