Gitmo 2 Supreme Court to hear Gitmo case on February 8

This was after the court had struck out issues three and four, which had to do mainly with the sovereignty of the United States.

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The two ex-Gitmo detainees play

The two ex-Gitmo detainees

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The Supreme Court has set February 8 to begin hearing into the case in which the government was sued for allegedly bringing into the country two former Guantanamo bay detainees, without recourse to the laws of the land.

This was after the court had struck out issues three and four, which had to do mainly with the sovereignty of the United States.

According to the court, it is not the US government which is being tried, but the decision of the government of Ghana to bring in the two Gitmos which is being challenged.

The Attorney General’s representative, Mr Sylvester Williams had earlier prayed the court to withdraw issues three and four.

The court, therefore, gave defendants seven days to file any response if they so wished.

The Supreme Court in July, 2016 ordered the government to provide the court with the agreement between it and the government of the United States of America before accepting to take the two former Guantanamo Bay detainees into the country.

The court stated that the agreement was not covered by the state Secrecy Act. Therefore, this can be given to the lawyers and admitted into evidence.

READ ALSO: Kojo Yankson's comments "misleading and unfair" to AG - NMC rules 

The court also explained that the agreement is not for public consumption but only for the consumption of the court.

Margaret Banful and Henry Nana Boakye filed a suit against the Attorney-General and Minister for Justice, and Minister of Interior on the relocation of Mahmud Umar Muhammad Bin Atef and Khalid Muhammed Salih Al-Dhuby in Ghana without seeking parliamentary approval.

READ ALSO: AG must appear in court or else…- Supreme Court orders

But the suit they filed explained that under Article 58(2) of the 1992 Constitution of Ghana, the President of the Republic of Ghana is under an obligation to execute and maintain the Antiterrorism Act of 2008 (Act 762) and the Immigration Act of 2000 (Act 573) being laws passed under the 1992 Constitution of Ghana.

At the previous hearing of the case which was done in camera, the verbal note was provided to the court after which the decision to order the release of the agreement was issued.

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