The Supreme Court has ordered the Attorney General’s Department to make an in-camera presentation to the Court, the agreement between Ghana and the US on the two former Guantanamo Bay detainees.
The apex court’s orders follow an interlocutory application by plaintiffs for Government of Ghana to produce the agreement which brought the two men, Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby, into the country.
The A-G’s Department, which was represented in Court Wednesday by Acting Solicitor General, Helen Ziwu, had explained that the only form of agreement between the two states is a diplomatic communication prepared in the third person and unsigned.
Unsatisfied, the Supreme Court granted the application and ordered the A-G’s Department to produce the agreement in camera at the next sitting, which is slated for July 6, 2016.
The A-G’s Department was forced to make an appearance in court Wednesday after the nine panel of judges threatened to rule on the case if the Department fails to be present again.
Prior to the warning on Tuesday, the A-G’s Department had been absent on many occasions when the case had been called.
Two private citizens, Margaret Bamful and Henry Nana Boakye, sued the Attorney General and Minister of Justice together with the Minister of Interior for Government’s decision to admit the two former terror suspects without recourse to the law.
The Plaintiffs also accuse President John Mahama of illegally bringing former Gitmo detainees into the country.
Margaret Bamful and Henry Nana Boakye are seeking among other reliefs a “declaration that on a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the 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.”
The court action by the two Ghanaians came at a time when there was a high public uproar over President Mahama’s decision to host the two former terror suspects.
Many Ghanaians say they pose a threat to national security, a claim both governments of Ghana and the United States have denied.