The Ashanti Regional Youth Organizer of the opposition National Democratic Congress (NDC) Yaw Brogya Gyamfi has dragged government to court over the Ghana-US military cooperation deal. In a lawsuit filed at the Supreme Court at Accra on the 26th of March,2018, Mr. Brogya Gyamfi is asking the Court to, among other things, set aside the deal that was ratified by Parliament on Friday.
In the writ, Attorney General Gloria Akuffo and Defense Minister Dominic Nitiwul are named as first and second defendants.
Mr Brogya-Gyamfi says the two government appointees breached several laws in the process of examining and ratifying the agreement. There has been considerable pushback from the general public after the agreement was ratified in a move the Opposition describes as rushed.
“(d) A declaration that the Government and parliament of Ghana acted in contravention of Articles 2, 58(1), 33, 93(2), 125, 130(1) (b). 135 and 140 of the 1992 Constitution when they supposedly entered into and supposedly ratified a Treaty (Defense Cooperation Agreement) with the United States of America under Article 75 of the 1992 Constitution that provided in its terms and conditions that the interpretation, application or enforcement of the said agreement cannot be subject to the courts of Ghana (including this honorable Supreme Court ) or any other court in the world”the writ states.
Mr Brogya-Gyamfi contends that neither the executive branch of Government nor Parliament has the right to enter into such an agreement without the appropriate legal and constitutional considerations. He contends that the agreement is full of clauses not in the interest of the Ghanaian people.
Last week, Parliament ratified the agreement, making it law but with the new development, the much talked-about agreement could be revised or even revoked.