The opposition New Patriotic Party has charged, President John Mahama breached the country’s terrorism law when he agreed with the US to host two Yemeni nationals suspected of terrorism.
Leading the charge against President John Mahama, NPP 2016 flagbearer Nana Addo Dankwa Akufo-Addo said, “The problem we face is yet another case of the failure of leadership by the President of the Republic and a sad example of his belief that he is answerable to no one, not even to the laws of the Republic, like Section 35 of the Anti-Terrorism Act (Act 762), which, as President, he is sworn to uphold.
“That law prohibits the transaction into which he has entered with the United States government”.
But joining the discussion on Top Story Tuesday, a legal practitioner Clara Beeri Kasser-Tee explained, President John Mahama may not be directly responsible for breaking the law.
Quoting Section 35 (1) and (2), Clara explained it is the responsibility of the Director of Immigration to approve the entry of any immigrant.
But once the person is in the country, it now behooves the Interior Minister to revoke an immigrant’s stay if he believes there is reasonable ground to suspect that the person is, will or has been involved in the commission of a terrorist act.
In the case of Bin Atef and Al Dhuby, authority is therefore vested in the Interior Minister and not the President, Clara Beeri suggested.
Although she stated she is against the decision to host the Yemeni nationals, Clara pointed out, the framing of Ghana’s law on terrorism grants discretionary power to one man, the Interior Minister.
But spokesperson for Nana Akufo-Addo stressed the law grants the Interior Minister discretion to decide on accepting or rejecting an immigrant but that decision must be based on "reasonable grounds”.
For Mustapha Hamid, Bin Atef and Al Dhuby were not captured because “they were distributing candies on the streets of Afghanistan”.
They are dangerous because they were directly involved with terror group Al-Quaeda. He said with the background of the two, the Interior minister cannot exercise discretionary powers that accept the former Guantanamo detainees.
He also cannot imagine that President Mahama cannot be held responsible for terror suspects entering the country’s borders.
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