The Supreme Court has in a unanimous decision dismissed a consolidated suit filed by the Ashanti Regional Youth Organizer of the NDC, Brogya Gyenfi and one Emmanuel Koti challenging government’s decision to sign the United States- Ghana Military Cooperation Agreement. The seven-member panel presided over by Chief Justice Anin Yeboah said the full reasons of the court would be delivered on the 20th of this month.
It would be recalled that, in the year 2018, the NDC Ashanti Regional Youth Organizer sued the government over its defence cooperation agreement with the United States.
The applicant was praying the court to, among other things, set aside the agreement on the 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.
Mr Gyenfi was also asking for 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.
He is further seeking 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 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 defendants in the matter were Gloria Akuffo, the Attorney General and Minister of Justice, and Dominic Nitiwul, Minister of Defence.
