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Supreme Court declares Guantanamo 2 stay in Ghana unconstitutional

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The Supreme court has declared that the stay of two detainees of the Guatanamo Bay in Ghana is unconstitutional.

The seven-member Supreme Court panel, headed by the Chief Justice, Sophia Akuffo, ruled that it was illegal for two Guantanamo bay detainees, Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby, to have been admitted into Ghana during the John Mahama administration without an approval from Parliament.

It would be recalled that Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby arrived in Ghana for a two-year stay, in a deal entered to by the Ghanaian government under former President John Dramani Mahama and the Government of United States of America.

The deal, however, has been sending fear and panic in the country, prompting Margaret Bamful and Henry Nana Boakye to sue the Attorney General and Minister of Justice as well as the Minister of Interior in 2016, alleging that government illegally brought the two former Gitmo detainees to the country without recourse to the laws of the land.

Both detainees had spent 14 years in Guantanamo bay over allegations that they belonged to a terrorist group, Al-Qaeda.

According to the Supreme court ruling, the agreement reached by the the government of Ghana and the United States was one that falls directly under the purview of the provisions of Article 75 of the 1992 constitution, needing the approval of Parliament.


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