The Supreme Court could not sit on Tuesday to hear the suit filed by two Ghanaians against the Attorney-General (AG) and the Ministry of the Interior, over the two ex-Guantanamo detainees, because one of the seven-member panel of judges was indisposed,
The court, however, adjourned the case to April 26, 2016.
The AG’s department which, was given two weeks extension of time to file its statement of case, has finally fulfilled its obligation for the case to heard.
In the writ, the plaintiffs, Mrs. Margaret Banful and Henry Nana Boakye, said that the act of resettling Mahmud Umar Muhammed Bin Atef and Khalid Muhammed Salih Al-Dhuby, the two ex-Guantanamo detainees in the country by President John Dramani Mahama, was unconstitutional, illegal and, therefore, null and void.
They (plaintiffs) have further sought a declaration that the President acted in excess of his constitutional powers, by entering into an agreement with the government of the United States of America has breached Article 58 (2) of the 1992 Constitution, by failing to execute and maintain the Anti-Terrorism act 2008 (Act 762) and the Immigration Act, 2000 (Act 573).
But the AG’s department has also stated in its statement of case that the plaintiffs have not demonstrated the existence of an agreement of the kind contemplated under article 75 of the Constitution as a matter of public record.
By Castro Zangina-Tong