The Supreme Court has ordered the Attorney General to produce the agreement between Ghana and the United States regarding the two Gitmo detainees in Ghana.
The agreement will however been seen in-camera
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In the ruling, the court indicated the agreement will only be seen in-camera and not in open court.
Two people Madam Margaret Bamful and Henry Nana Boakye filed a suit against the Attorney General and Minister of Justice and Minister of Interior accusing President John Mahama of illegally bringing two former Guantanamo Bay detainees into Ghana with recourse to the law.
The two detainees acceptance into the country sparked huge public outcry with other arguing that Ghana has opened itself up for a possible terror attack .
Acting Solicitor General Helen Ziwu arguing their case on an application filed by two plaintiffs asking for the agreement to be made public said the Supreme Court justices that there was no formal agreement between the two countries.
She explained that the the only form of agreement reached was a Note verbale which is a diplomatic communication prepared in the third person and unsigned.
The two are seeking among other reliefs a “declaration that on a true and proper interpretation of Article 75 of the1992 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
On Tuesday the Supreme Court ordered the Attorney General to show up in court or it was going to pronounce judgement on the case. This was after the Attorney General's office refusal to show up in court since hearing of the case began.