BY MUNTALLA INUSAH
A SINGLE Supreme Court judge, Justice Gabriel Pwamang, has ordered the Attorney General’s (AG) Department to file their written statement of case within seven days in a suit challenging Ghana’s military co-operation agreement with the United States of America (USA).
The applicant, Yaw Brogya Gyenfi, the Ashanti Regional Youth Organiser of the National Democratic Congress (NDC), is praying the apex court to declare as unconstitutional the agreement reached by Ghana and United States.
Per the agreement, the US military and civilian personnel are allowed access to certain facilities in Ghana and provide them privileges, exemptions and immunities equivalent to those accorded to the administrative and technical staff of Diplomatic Missions under the Vienna Convention on Diplomatic Relations of April 18, 1961.
In return, Ghana is also expected to benefit from an aid package in excess of $20 million from the USA in the areas of training and grants to the police and military.
But, in the suit, Mr Gyenfi said the agreement was invalid because the President of Ghana failed to execute the agreement as prescribed by Article 75 of the 1992 Constitution before sending it to Parliament for ratification.
The Principal State Attorney, who represented the AG, filed an application for extension of time to enable the AG to file her response, and his request was granted.
In a related development, the court has indefinitely adjourned a similar suit filed by Member of Parliament for Builsa South, Dr Clement Apaak, who is challenging the agreement. This was because Dr Apaak had not been notified of the last hearing.