[2020]DLSC8803 • May 5, 2020 • Supreme Court •
YAW BROGYA GYAMFI vs. THE ATTORNEY-GENERAL
The plaintiff challenged the submission of an unsigned international agreement (Defence Cooperation Agreement) by the Executive to Parliament for ratification, arguing that under Article 75 of the 1992 Constitution, only 'executed' (signed) agreements require Parliamentary ratification. The plaintiff contended that the unsigned agreement was not valid for ratification and that the agreement contravened national interests and constitutional provisions.
read moreMARFUL-SAU, JSC: - This action was originally consolidated with two other suits namely Writ No. J1/14/2018 and JI/15/18, which were discontinued in the early stages of the proceedings. The Plaintiff in this action, Yaw Brogya Gyamfi was left alone to pursue the writ he issued on the 26th of March 2018. On the 5th of May 2020, this Court by a unanimous decision dismissed the Plaintiff claims against the Defendant and reserved its reasons which we hereby deliver. On the 26th of March 2018 the Plaintiff in his capacity as a citizen of Ghana, by a writ invoked the original jurisdiction of the Supreme Court pursuant to Articles 2 and 130 of the 1992 Constitution, seeking against the Defendant the following reliefs: “a. A declaration that the ratification by Parliament of the supposed Agreement between the Government of the Republic of Ghana and the Republic of the United States of America on Defence Co-operation, the status of United States Forces and Access to and use of Agreed Faci.....