26th Gitmo 2 Judgment day

Gitmo 2 judgment day

Tomorrow morning, the Apex court of the land, the Supreme Court (SC) will deliver judgment on the famous two ex-Guantanamo detainees popularly called “Gitmo 2”.

The case which has been dragging for some time will be determined for Ghanaians who wished to know what actually transpired during the agreement to be relieved.

Justice William Atuguba, finally slated Wednesday, April 26, 2017, as the judgment to to dispose off the matter during its hearing on February 8, 2017.

The two ex-Guantanamo detainees or Gitmo 2, are Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby, who are all originally Yeminis were given asylum by the immediate past administration led by President John Dramani Mahama.

Although the agreement did not go down well with majority of Ghanaians knowing the history of the two as ex-terrorists, they are currently living in Ghana after their release from the Guantanomo Bay Detention Camp in Cuba.

This hullabaloo over their living in Ghana eventually ended up in a suit which was filed in February 2016, by two Ghanaians, Mrs. Margaret Banful, a retired staff of the Ministry of Foreign Affairs and Regional Integration, and Mr. Henry Nana Boakye from Buokrom Estates, Kumasi, against the Attorney-General and Minister of Justice, and the Ministry of the Interior for accepting Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby (all Yeminis) in Ghana.

The plaintiffs in their suit avers that, that the circumstances that led to the incarceration of the “Gitmo 2” for 14 years without trial in Cuba as terrorists, had the tendency of threatening national security and should, therefore, be taken back to where they came from.

The lawyer for the plaintiffs, Nana Agyei Baffour Awuah, they (plaintiffs) before the court argued that, that the then President, John Dramani Mahama acted unconstitutionally when he entered into the agreement with the former U.S. President, Barack Obama without recourse to Parliament

During proceedings it was eventually uncovered the President of the day, Mr. Mahama went into the agreement in what is known in the diplomatic circles as “Note Verbales” (Verbal agreement) with the former U.S. President, Barack Obama without recourse to Parliament and not any documented agreement.

The Plaintiffs through their lawyer pleaded with the Supreme Court to order the Attorney-General to produce the said agreement (Note Verbales) before it to ascertain its authenticity.

This was due to the the assertion by the Acting Solicitor-General, Mrs. Helen Awo Ziwu, that the document was “confidential” and that its open disclosure in the court room violated section one (1) of the State Secretes Act, 1962 (Act 101).

The seven-member Supreme Court Justices, presided by Justice William Atuguba, upheld the submission by plaintiffs and ordered that the document be produced before the court.

The contents of the agreement were however studied in-camera, and this was done when the former Deputy Attorney General, Dr. Dominic Ayine complied with the instruction as issued.

The apex court subsequently established that there was no security risk with regard to the document and that the trial would take its normal proceedings.

The two Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby, are seeking refuge based on the diplomatic agreement between the government of Ghana led by Mr. Mahama and the government of the United States of America led by Mr. Obama both ex presidents of their respective countries.

By Maame Agyeiwaa Agyei