Ghana’s Supreme Court is expected to pass its verdict on the lawsuit filed against the government’s decision to sign the United States- Ghana Military Cooperation Agreement. and this suit was filed by Brogya Gyenfi who happens to be the Ashanti Regional Youth Organizer for the National Democratic Congress (NDC),
The case was officially fixed for ruling on April 22, 2020 but was practically deferred by one Chief Justice (CJ) Anin Yeboah. As part of his final speech, he said “Regrettably this matter would be adjourned to May 5 because the panel was unable to meet to have a conference on the matter due to the partial lockdown.”
Somewhere around year 2018, the National Democratic Congress’ Youth Organizer for the Ashanti Region sued the government regarding it defense cooperation agreement with the United States of America.
The utmost prayer and wish by the applicant is for the court to “set aside” the agreement on the grounds that it was “not in the national interest of Ghana, and contravenes articles (1 (2), 2, 11, 33, 125, 135, 140, 75 and 73 of the 1992 constitution.” among many others.
On other similar grounds, Youth organizer Mr Gyenfi is asking for “ a declaration that the word ‘ratify’ used within the provisions of Article 75 of the 1992 constitution is a term of art which has a true meaning of incorporating international law and treaties into the domestic legal system of the Republic of Ghana and not prior approval or approval.”
The politician is as well looking forward to a declaration that the “ratification by Parliament of the supposed agreement between Ghana and the Government of United States of America on Defense Cooperation, the Status of United States Forces, and Access to and use of agreed facilities and areas in the Republic of Ghana (hereinafter referred to as Defence Co-operation Agreement) on March 24, 2018, when the supposed agreement had not been executed by the President or person authorized by the President as provided for by Article 75 of the 1992 constitution, is contrary to the said Article 75 of the 1992 constitution and same is null and void.”
The matter at hand has its defendants as Gloria Akuffo, the Attorney General and Minister of Justice, and Dominic Nitiwul, Minister of Defense.
The popular suit came few days after following parliament’s ratification of the pact despite stiff opposition from the Minority, who had staged a walkout during the debate in Parliament whilst the Majority approved the pact.
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