Politics

NPP battles Afoko; 2 citizens face Republic over ex Gitmo 2

The opposition NPP is set for battle Tuesday against its former chairman Paul Afoko over the party’s decision to suspend him, while two private citizens take on the State over the two ex Gitmo inmates.

The embattled former NPP Chairman wants the Human Rights Court in Accra to declare his indefinite suspension by the party’s National Executive Council (NEC) inconsistent with the party’s constitution.

Mr. Afoko sued the party after the National Executive Committee (NEC) headed by acting chairman Freddie Blay suspended him from office.

Vice chairman Sammy Crabbe and General Secretary Kwabena Agyepong were also suspended subsequently over the NEC says was informed by the destructive demeanor of the executives.

Mr. Afoko insists the suspension is illegal and unconstitutional.

According to Mr Afoko’s spokesperson, Nana Yaw Osei, Mr. Afoko will address a press conference after the court hearing at his Cantonments office.
Meanwhile, the case in which two private citizens are challenging government’s decision to admit the two ex Guantanamo Bay detainees into the country will be heard at the Supreme Court today.

Nana Boakye and Margaret Banful claim the decision is unconstitutional and are praying the Supreme Court to order their deportation from the country.

The two are asking the court to declare the action taken by government to accept the two former Gitmo inmates – Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby – without recourse to Parliament as unconstitutional, and in breach of its Executive powers.

The two also seek reliefs for attorney fees, and a declaration that the President broke his Presidential oath by accepting the two into the country.
The Attorney General and the Minister of Interior are both included in the suit, and in event of the court upholding their arguments; that the Gitmo two be sent back from whence they came.

The reliefs sought, in full, are:

1 A declaration that on a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the President of the Republic of Ghana, by agreeing to the transfer of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby (both former detainees of Gunatanamo Bay) to the Republic of Ghana, required the ratification by an Act of Parliament or a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament.

2 A declaration that on a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the President of the Republic of Ghana acted unconstitutionally in his failure to obtain the requisite ratification by an Act of Parliament or a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament when he agreed with the Government of the United States of America to transfer Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby to the Republic of Ghana.

3 A declaration that the reception of the said detainees into the Republic of Ghana by the Parliament of Ghana is in excess of his powers under the constitution and hence unconstitutional.

4 A declaration that on a true and proper interpretation of Article 58(2) of the 1992 Constitution of Ghana, the President of the Republic of Ghana is under the obligation to execute and maintain the Anti-Terrorism Act of 2008 (Act 762) and the Immigration Act of 2000 (Act 573), both being laws passed under the 1992 Constitution of Ghana.

5 A declaration that on true and proper interpretation of chapter 5 of the 1992 Constitution the President by holding Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby under restricted conditions without a valid order of a court of competent jurisdiction is breaching their fundamental human rights and thus acting in a manner that is unconstitutional.

6 A declaration that the President of Ghana breached Article 58(2) of the 1993 Constitution of Ghana by agreeing with the Government of the United States of America to have Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby transferred to the Republic of Ghana.

7 A declaration that on a true and proper interpretation of the 2nd schedule of the 1992 Constitution of Ghana, the President of the Republic, by agreeing to the transfer of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby to the Republic of Ghana, has broken the Presidential Oath.

8 A declaration that the reception of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby and their continuous stay in the Republic of Ghana is unlawful.

9 An order directed at the Minister of Interior for the immediate removal and return of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby from the Republic of Ghana to the United States of America.

10 Such further or other orders as the honourable Supreme Court will deem fit.

11 Cost for Court expenses and Counsel fees.

Myjoyonline

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