The Supreme Court has therefore given the government a three month ultimatum to seek Parliamentary ratification of the agreement that facilitated the transfer of the two, Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby.
In January 2016, the United States Embassy in Ghana, assured Ghanaians that the presence of the two former detainees, posed no threat to the security of the country.
The court said the then president by agreeing for the transfer of the two required ratification by an Act of Parliament.
He said although it was the NDC regime that brought the ex-detainees into the country, "if there is an option to continue keep them here let us support the NPP so that they can ratify the agreement so that the former detainees can continue to stay in the country". "If they come for parliamentary approval that will appear to be at variance with their campaign promise", said Mr. Ablakwa who is also the Member of Parliament for North Tongu in the Volta region.
Two private citizens, Margaret Bamful and Henry Nana Boakye, sued the Attorney General and Minister of Justice together with the Minister of Interior for the then Government's decision to admit the two former terror suspects without recourse to the law.
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They argued the agreement was an worldwide treaty which required ratification by Parliament and therefore proceeded to the Supreme Court for a true and proper interpretation of Article 75 of the 1992 Constitution.
Ghana's Supreme Court has ruled that the the erstwhile government acted unconstitutionally by accepting two former detainees of Guantanamo Bay in an agreement with the United States government.
There was a huge controversy in January 2016 when the president chose to admit to Ghana two terror suspects- Muhammed Al-Dhuby and Muhammed Bin-Atef- into the country.
"Article 75 says: "(1) The President may execute or cause to be executed treaties, agreements or conventions in the name of Ghana. The two were captured by Afghan forces in late 2001 and turned over to the United States, and detained at the American prison in Guantánamo Bay, Cuba, as enemy combatants for 14 years, accused of being members of Al Qaeda.
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