The Supreme Court has, in a unanimous decisions, upheld Ghana’s Military Cooperation agreement with the United States of America as a legal agreement.
About two years ago, the Ashanti Regional Youth Organizer of the National Democratic Congress (NDC), Brogya Genfi, sued the government over its Defense Cooperation Agreement with the United States.
He among other things prayed the Court to “set aside” the agreement on grounds that it was “not in the national interest of Ghana, and contravenes articles (1 (2), 2, 11, 33, 125, 135, 140, 75 and 73 of the 1992 constitution.”
He was demanding a “declaration that the word ‘ratify’ used within the provisions of Article 75 of the 1992 constitution is a term of art which has a true meaning of incorporating international law and treaties into the domestic legal system of the Republic of Ghana and not prior approval or approval”.
The petitioner also asked for a declaration that the “ratification by Parliament of the supposed agreement between Ghana and the Government of United States of America on Defence Cooperation, the Status of United States Forces, and Access to and use of agreed facilities and areas in the Republic of Ghana (hereinafter referred to as Defence Co-operation Agreement) on March 24, 2018, when the supposed agreement had not been executed by the President or person authorized by the President as provided for by Article 75 of the 1992 constitution, is contrary to the said Article 75 of the 1992 constitution and same is null and void.”
The seven member panel presided over by Chief Justice Kwesi Anin Yeboh described the case as unmeritorious.
The Court indicated that the reason for the its decision will be in the full judgement to be made available later Ms. Gloria Akuffo, the Attorney General and Minister of Justice and Dominic Nitiwul were the defendants in the suit.
The suit came days after Parliament ratified the pact despite opposition from the Minority. The Minority staged a walkout during the debate in Parliament but the Majority approved the agreement on behalf of the entire House.21