Supreme Court Upholds Ghana-US Military Agreement

The Supreme Court has in a unanimous decision upheld as legal, Ghana’s military cooperation agreement with the United States of America.

In the year 2018, Brogya Genfi, the Ashanti Regional Youth Organizer of the opposition National Democratic Congress (NDC), 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 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.”

Additionally, he is asking 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.”

Ms. Gloria Akuffo, the Attorney General and Minister of Justice and Dominic Nitiwul are the defendants in the suit.

The suit came days after Parliament ratified the pact despite stiff opposition from the Minority. The Minority staged a walkout during the debate in Parliament and the Majority approved the pact.

The seven-member panel presided over by Chief Justice Kwesi Anin Yeboah described the case as unmeritorious. He indicated that the reason for the court’s decision will be in the full judgment to be made available shortly.