We are surprised again to read misleading and misinformation commentaries on all media generated by Mr. Godfred Dame on Ghana’s status on the protocol to the African Charter on Human and People’s Rights on the establishment of an African Court on Human and Peoples’ Rights.
The truth is that the African Union has Published a list of countries that have signed,ratified/acceded to the the protocol on its website and in various publications which we have attached to this statement.
It is untrue,misleading and deliberate propagation of falsehood by Mr.Dame that Parliament of Ghana had not ratified the protocols which Ghana acceded to.
Any Protocol that had not been ratified will not be accepted to be deposited by the African Union.
THE FACTS ON GHANA:
(A) Ghana signed the protocol as the 22nd country on 09/06/1998.
Ghana ratified the protocol in the Parliament of Ghana after Cabinet approval on the 25th /08/2004 and deposited same on the 16th /08/2005 and these protocols entered into force on the 25th of January 2004.
Out of 55 countries, 51 had signed and 26 countries including Ghana had ratified it as at 2004.
(B) In the protocol under article 34(6), each country that had ratified it was expected to make a declaration in conformity to the article and deposit same after Parliamentary approval.
Article 34 of the protocol (RATIFICATION) stipulates that”at the time of ratification on this protocol or anytime thereafter,the state shall make a declaration accepting the competence of the court to receive cases under article 5(3) of this protocol.The court shall not receive any petition under article5(3) involving a state which has not made such declaration.”
Article5(3)states as follows:”The court may entitle relevant Non-Government Organizations(NGOs)with observer status before the commission,and individuals to institute cases directly before it,in accordance with article34(6)of this protocol.
Ghana after Parliamentary and Cabinet approvals signed its declarartion on 09/02/2011 and deposited same on the 10th /03/2011
(C)The declaration of Ghana:-”Ghana accepts the competence of the court to receive cases against
the Republic of Ghana under article 5(3) of the protocol”(sign):09/02/2011 and Deposited
The above ratification by Ghana is in conformity with article 40, 75, and 88 of the 1992
Constitution of The Republic of Ghana and therefore legal and lawfully executed in accordance
with Ghanaian Law.
The Attorney General and the entire Government of Ghana are bound by law to obey the orders
of the African Court on Human and Peoples’ Rights.
Any violation of it will be unlawful under Ghanaian laws.
Reginald Seth Dogbey
Office of Mr.Alfred Agbesi Woyome