The Government of Ghana had bilateral agreement with the Government of United States of America. Under the said contract Ghana Government was termed to hold two Yemeni nationals in the land of Ghana for and on behalf of USA for two years. This contract did not receive a prior approval of Parliament of Ghana. The Supreme Court ordered the Government of Ghana held this agreement as unconstitutional. Consequently the contract was ratified by Ghana Parliament in January 2018. These two Yemeni ex Guantanamo detainees (hereinafter called detainees) were termed to become refugees upon the expiry of the contract. The contract commenced on January 7, 2016 and expired on January 6, 2018. In July 2016, the Government of Ghana conferred on these two Yemeni nationals refugee status. Now it is said they hold Ghanaian passports as well. Again, both refugees are married with one having a child with his wife. These facts have been agreed to by both the NDC Government and NPP Government as per the Foreign Minister submission to Ghanaian Parliament effective January 24, 2018 and a response to same by Dr. Dominic Ayeni, former Attorney General of the Republic under NDC Government. The Government of Ghana says she is incapable of doing anything about these two refugees as it stands today and under the current status of these two Yemeni Nationals.


It appears that as it stands today the people of Ghana are in a quagmire as to what to do with these detainees. It is not surprising that we are in this as our Supreme Court in the case of Mrs Margaret Banful & Anor v. Attorney General wondered what Ghana is to do with these refugee detainees. They said at page 14 of the report in the manner infra:

“ Are they migrants? … Are they refugees?”

Whoever these persons are, it must be noted that the people of Ghana in dealing judicially with this matter through their revered Supreme Court in the case supra stated as follows:

“Consequently, we hold that, upon true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the President of Republic of  Ghana, in agreeing to the transfer of Mahmud Umar Muhammed Bin Atef and Khalid Muhammed Salih Al-Dhuby to the Republic of Ghana, required the ratification of the Act of Parliament, or a resolution of Parliament supported by the votes of more than one half of all the members of Parliament, and by virtue of the failure to obtain such ratification the agreement is unconstitutional.”

Supreme Court on behalf of the Ghanaian people did not order for ratification post Judgment. But NPP government loved the evil NDC brought upon the people of Ghana: threat of terrorist attacks and so they misinterpreted the Judgment and ratified an act that has been declared unconstitutional by the Supreme Court of Ghana.

This Center thus associates herself with all other well-meaning folks who have declared #sendnthemback!

Our hands are further strengthened by the case of Captain v. Minister of Home Affairs (Minister of Interrior) [1970] 2 G&G 1223 2d @ 1228 where Akufo-Addo CJ delivered a unanimous decision by the highest court of the Land at the time thus:

“ The principle underlying the matter before us is one that has long been established in international law, and it is that an independent sovereign state has the power inherent in sovereignty to decide what foreign nationals it will admit into its community, what conditions it impose on such admission, and expel at any time any aliens admitted into residence.”

Mr. Akufo Addo Jr., Your Excellency, listen to your Father Akufo-Addo Sr, His Excellency, and expel these two aliens forthwith, who are clearly persona non grata, for they are security threat to the people of Ghana. #sendthemback!!!

Center for Constitutional Order



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