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Ghana-Us Military Agreement; Supreme Court Dismisses Suit

Supreme Court of Ghana

The supreme court in a unanimous decision has dismissed a suit challenging the government’s decision to sign the United States-Ghana Military Cooperation Agreement.

The Ashanti Regional Youth Organiser of the National Democratic Congress (NDC), Yaw Brogya Gyanfi, who filed the writ, asking that the agreement be nullified as the ratification by Parliament was unconstitutional.

Yaw Brogya Gyanfi argued that the agreement is invalid because the President of Ghana failed to execute the agreement as prescribed by Article 75 of the 1992 Constitution before sending it to Parliament for ratification.

He is arguing that the two government appointees breached several laws in their bid to have the controversial Ghana-US military agreement ratified.

Yaw Brogya Gyanfi is asking for a declaration that the Minister of Defence acted in contravention of articles 58 (1), 75 and 93 (2) of the 1992 Constitution when he laid or caused to be laid before Parliament an unexecuted draft of the supposed defense cooperation agreement for ratification under Article 75 of the 1992 Constitution.

He is also arguing that neither the executive nor the legislature has the power to enter or ratify a treaty that seeks to oust the jurisdiction of the SC in matters of interpretation of international agreements.

However, the Supreme court dismissed the suit, indicating that the claims lacked merit.

Details of the ruling are expected to be made known on or before May 20, 2020.

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