The Supreme Court has ordered government to produce its agreement with the US which informed the decision to admit into Ghana, two former terror suspects from Guantanamo Bay.

According to the court, the agreement which government insists was a note verbal is not covered by the state Secrecy Act and this can be given to the lawyers and admitted into evidence.

Two private citizens, Margaret Bamful and Henry Nana Boakye were reported on January 20,to have sued the Attorney General and Minister of Justice, together with the Minister of Interior, accusing President John Mahama of illegally bringing in the two former Gitmo detainees in contravention of the laws of Ghana.

The two plaintiffs are seeking among other reliefs a “declaration that on a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, that 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 into Ghana.”

Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby

Counsel for the two had insisted government needed to present the agreement to them and for it to be admitted in court. But the Attorney General disagreed, maintaining that releasing the information could undermine national security. The A-G also argued that the agreement was caught by the State Secrets Acts, an argument rejected by the court.

There was public outrage following government’s decision to host the two former terror suspects. Many Ghanaians said they pose a threat to national security, but Government insisted the two men posed no threat.

The two former inmates were transferred to Ghana on January 6 as part of US President Barack Obama's resolve to close down the Guantanamo Bay prison.

The United States Embassy in Ghana assured Ghanaians that the presence of the two former detainees, posed no threat to the security of the country.