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MRS. MARGARET BANFUL AND HENRY NANA BOAKYE V. THE ATTORNEY-GENERAL AND THE MINISTRY OF INTERIOR

(2017) JELR 68117 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/7/2016  •  22 Jun 2017  •  Ghana

Coram
AKUFFO (MS) CJ PRESIDING, ATUGUBA JSC (DISSENTING), ADINYIRA (MRS) JSC, DOTSE JSC, YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC

Judgement

AKUFFO (MS), CJ

Background

By a writ filed on 21st of January, 2016, the Plaintiffs, in their capacities as citizens of Ghana, invoked the original jurisdiction of the Supreme Court pursuant to Articles 2(1)(b) and 130(1) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996 (CI 16), seeking against the Defendants the following reliefs:

i. "A declaration that on a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the President of the Republic of Ghana, by agreeing to the transfer of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby (both profiled terrorist and former detainees of Guantanamo Bay) to the Republic of Ghana, required the ratification by an Act of Parliament or a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament.
ii. A declaration that on a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the President of the Republic of Ghana acted…

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