Skip to main content

Posts

Showing posts from March, 2018

SC to determine fate of "unexecuted" but "ratified" US-Ghana agreement

Barely three days after its ratification under controversial circumstances, the Defense Cooperation agreement between the Governments of the United States and Ghana is facing its first constitutional test. The agreement is the subject is a suit filed by Ashanti Regional Youth organizer of the National Democratic Congress Yaw Brogya Gyamfi. The government led by the Minister of Defence Dominic Nittiwul successfully pushed the agreement through parliament with the overwhelming support of all New patriotic Party MPs despite concerns over its constitutionality. The Minority led by its leader Haruna Iddrisu had questioned the suitability of the agreement for a parliamentary approval because it has not been duly signed and therefore does not meet the constitutional requirement of execution in order for it to be ratified. Article 75(2) which gives Parliament the authority to ratify agreements entered into by the executive reads; A treaty, agreement or convention executed by...

Bediatuo's disinterest; Dotse's advice and vanishing Attorney

For a Court reporter, covering the Supreme can sometimes be a challenging and frustrating experience. This is especially true on days when high profile cases are lined up yet you leave court with little or no leads. It is in these that some judges jump to your rescue forcing a smile that you lost as things progress. On Tuesday, March 20, 2018, was one of such days.  The cases were lined up one after another, yet your only lead was either file legal arguments or adjourned sine die; or so it seemed until the Judges started complaining and Attorneys started vanishing without a trace leaving colleagues with the age old excuse. Adinyira's beef The first case was one filed by Elikplim Lorlormavor Agbemava challenging the scope of the constitutionally conferred power to pardon of the President of Ghana. He sent the case after concerns emerged about the decision of former President John Mahama to pardon three gentlemen who have become known as the Montie 3. ...

Splitting VR; AG backs "prejudicial enquiry"

The Attorney General is seeking an early end to application for the hearing of Commission of enquiry for the creation of new regions to be extended to the Southern Volta. The application was filed by Chief of Srogboe Torgbi Kpatamia IV and 5 others for the court to compel the Commission to hold the hearings on whether a new region should be carved out of the present Volta region after their concerns over the siting of venues for the hearing of were dismissed. According to the applicants, the siting of the venues is prejudicial because they are remote from some parts of the Volta region and so would not afford the residents of those parts, the opportunity to be heard. However, the AG represented by Jonathan Acquah thinks the application does not deserve to be heard and hence moved a preliminary legal objection on March 20, 2018 for the matter to be dismissed before it is even heard. The move would be double jeopardy for the applicants whose letter asking the AG to int...