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2 Sue Gov’t Over Military Agreement

The controversy surrounding a 2015 Ghana-US Military agreement signed by former Foreign Affairs Minister, Hannah Tetteh is set to linger a while longer.

So far two Ghanaians have sued the government in court demanding the withdrawal of the pact.

The duo in two separate suits filed at the Supreme Court want the apex court to set aside the agreement.

Suits

Emmanuel Kotin, Founder of Africa Centre for Security and Counter Terrorism in his suit wants the Supreme Court to declare that there was no agreement before Parliament to be ratified ratified per its March 23, 2018 sitting.

“A declaration that on true and proper interpretation of article 75 (2) (b) of the 1992 constitution, there must be an agreement and the USA before same can be ratified by the Parliament of Ghana.

Lawyers for Mr. Kotin also want a declaration that to the extent that the purported Defense Cooperation, the status of USA Forces and access to and use of agreed facilities and areas in Ghana was not executed between the government and the USA upon which a liability will lie as at March 23, 2018.

The security expect is asking the court to declare as null and void any purported committee proceedings in parliament approving and recommending the agreement for subsequent ratification by the plenary of parliament as well as any resolution passed is in contravention of article 72 (2) (b) of the 1992 Constitution.

Yaw Brogya Gyamfi, the Ashanti Regional Youth Organizer of the opposition National Democratic Congress (NDC) in another suit is among others praying the Court to “set aside” the agreement on grounds that it is “not in the national interest of Ghana, and contravenes articles (1 (2), 2, 11, 33, 125, 130, 140, and 73 of the 1992 constitution.”

Suing the Attorney General and Minister of Justice, Gloria Akuffo and Defence Minister, Dominic Nitiwul, as first and second defendants respectively he is 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.”

Parliament Recall

Already, there are indications Members of Parliament are likely to be recalled to the House for an emergency meeting to reconsider and ratify the agreement.

The house last week ratified the agreement amidst drama and chaos with the Minority National Democratic Congress walking out of Parliament.

Aside the NPP-NDC political gimmicks, civil society groups including the National Union Ghana of Students (NUGS) have kicked against the deal, urging students nationwide to wear red arm bands in protest against the agreement.

By: Jeffrey De-Graft Johnson/ thePublisher

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