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Supreme Court dismisses suit challenging Ghana-US military agreement

In a unanimous decision, the Supreme Court has dismissed a suit challenging the government's decision to sign the <a href="https://www.pulse.com.gh/news/local/supreme-court-to-deliver-its-verdict-on-ghana-us-military-agreement-on-may-5/jxzlm88">United States-Ghana Military Cooperation Agreement</a>.
Supreme Court
Supreme Court

Yaw Brogya Gyanfi, the Ashanti Regional Youth Organiser of the National Democratic Congress (NDC), who filed the writ, is asking that the agreement be nullified as the ratification by Parliament was unconstitutional.

The applicant argued that the agreement is invalid because the President of Ghana failed to execute the agreement as prescribed by Article 75 of the 1992 Constitution before sending it to Parliament for ratification.

READ MORE: Read Ghana's 'controversial' military agreement with the US

According to Gyamfi, the two government appointees breached several laws in their bid to have the controversial Ghana-US military agreement ratified.

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He, is, therefore, asking for a declaration that the Minister of Defence acted in contravention of articles 58 (1), 75 and 93 (2) of the 1992 Constitution when he laid or caused to be laid before Parliament an unexecuted draft of the supposed defense cooperation agreement for ratification under Article 75 of the 1992 Constitution.

US military

US military

He said neither the executive nor the legislature has the power to enter or ratify a treaty that seeks to oust the jurisdiction of the SC in matters of interpretation of international agreements.

READ MORE: Kwesi Pratt, Defense Minister in near-fight over US military base in Ghana

But the court dismissed the suit, indicating that the claims lacked merit.

Full details of the ruling are expected to be made known on or before May 20, 2020.

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