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Minority blames Mahama government for breaching Constitution over US Deportee Agreement

 

Parliament's Foreign Affairs Committee Minority Caucus has blamed the government for breaching the Constitution for signing an agreement to take third-country nationals deported from America without parliamentary approval.


Speaking at a Tuesday press conference, the caucus said the agreement breaches Article 75 of the 1992 Constitution and Ghana's sovereignty.


Samuel Abu Jinapor, Ranking Member of the Committee, noted that the Supreme Court has been explicit in decisions such as Banful v Attorney-General that all international treaties, including memoranda of understanding and diplomatic notes, are to be ratified by parliament.


"Government's action in operationalizing this agreement without parliamentary ratification is a direct constitutional violation of Article 75 and an affront on the authority of the Supreme Court," he asserted.


The caucus invoked similar controversies in 2016 when the Mahama administration admitted two Guantanamo Bay detainees without a parliamentary waiver.


"It is surprising, therefore, that the current government which sanctioned this unconstitutional act would once again sign such a similar deal," the group argued.


They also reported that certain of the deportees are being held against their will in detention centers and have taken the government to court for infringement of their fundamental human rights.


"Despite these concerns, we are told that about 40 more people are to come into the country under this same unconstitutional agreement," Hon. Jinapor divulged.


The Minority urged the Government to suspend the agreement forthwith until Parliament has played its role as enshrined in the Constitution.


"We ask the government to make very clear the processes, assurances, and implications involved in accepting these deportees, including measures that would protect Ghana's security interests," the caucus underscored.


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