SC dismisses cases against, Ken Ofori-Atta, $ 2.2bn bond and Ghana-US Military Cooperation Agreement

By a unanimous decision, the Supreme Court (SC) yesterday dismissed the suit challenging Ghana’s Military Cooperation Agreement with the United States of America (USA).

A seven-member panel of judges presided over by Chief Justice Anin Yeboah stated that the case brought by Mr Yaw Brogya Genfi, the Ashanti Regional Organiser of the National Democratic Congress (NDC) was without merit.

It said that the full judgement would be ready today.

The SC was expected to deliver judgement on April 22 but the case was adjourned to May 5 because the judges could not have conference during the lockdown.

The defence agreement would among other things allow the US military and civilian personnel access to certain facilities in Ghana and provide them privileges, exemptions and immunities equivalent to those accorded to the administrative and technical staff of diplomatic mission under the Vienna Convention on Diplomatic Relations of April 18, 1961.

Ghana is expected to benefit from aid package in excess of $20 million from the USA in the areas of training and grant.

Mr Genfi who filed the writ, is asking that the agreement be nullified as the ratification by Parliament was unconstitutional.

The writ, filed on Monday, March 26, 2018, has Miss Gloria Akuffo, Attorney General and Minister of Justice and Defence Minister Dominic Nitiwul, as first and second defendants.

The ratification of the Ghana-US defence pact was not without controversy. 

Critics of the deal had argued that the signing of the agreement meant that Ghana sold its sovereignty to the U.S.

The NDC, the biggest opposition political party in Ghana expressed its angst over the agreement by staging a walkout from Parliamentary proceedings that ratified the agreement.

In a related development, a seven-member panel of the Supreme Court has dismissed the suit in which a non-profit organisation has sued the Finance Minister, Ken Ofori-Atta, on the issuance of a $ 2.25 billion bond.

The court held that the case was unmeritorious and accordingly dismissed same.

The Chief Justice, Justice Anin Yeboah presiding, said the full reasons for the dismissal of the suit would be ready on May 20.

The Dynamic Youth Movement of Ghana (DYMOG) sued the Finance Minister following the investigation and findings by the Commission on Human Rights and Administrative Justice (CHRAJ) in the matter of issuance of the $2.25 billion bond.


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