Defence Ministry Cannot Be A Defendant – Supreme Court

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The Supreme Court has struck out as defendant the Ministry of Defense in a suit against government over the US military base agreement.

The seven-member panel presided over by Justice Sophia Adinyira directed the Attorney-General represented by Mr Godfrey Dame, the Deputy Attorney General to re-file its defence to reflect that it represented both the Attorney General and Ministry of Defense.

The court gave plaintiffs and defendants 14 days to file their memorandum of issues and adjourned the case sine die.

The plaintiff, Mr Yaw Brogya Genfi, who is the Ashanti Regional Youth Organiser of the National Democratic Congress (NDC) in March 2018, filed a suit against the government over a defense cooperation agreement with the United States of America.

He is praying the Court to “set aside” the agreement on the grounds that it is unconstitutional and against national interest.

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The Plaintiff is seeking eight reliefs and interpretation of Article 75 of the 1992 Constitution which he described as a term of art which has a true meaning of incorporating international law and treaties into the domestic legal system of the Republic of Ghana and not prior approval or approval.

He also wants the Court to declare that the “ratification by Parliament of the supposed agreement between Ghana and US on defense cooperation, the status of US forces and access to and use of agreed facilities and areas in Ghana on March 24, 2018, had not been executed by the President or anyone authorised by the President as provided for by the Constitution, thus same is null and void

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