Henry Nana Boakye, popularly known as Nana B, says he is heading back to the Supreme Court to enforce Article 75 of the 1992 Constitution.
In a Facebook post, the National Organiser of the NPP recalled how in 2016, together with Madam Margaret Banful and lawyer Nana Adjei Baffour Awuah, he successfully challenged the Mahama administration’s decision to accept two Guantanamo Bay detainees without parliamentary approval.
“The Supreme Court declared the actions of the then Mahama administration as unconstitutional and illegal,” he wrote.
Nana B insists the precedent set in that landmark “Gitmo 2 case” is being disregarded by the current administration. He revealed that lawyers Nana Adjei Baffour Awuah and Lenin Anane Agyei have been instructed to commence proceedings at the Supreme Court.
“This flagrant disregard of our constitution and the Supreme Court must not be allowed to fester,” he stressed.
Quoting extensively from the 2017 judgment, Nana B emphasized that “the language of Article 75 is perfectly clear” and that no international agreement, whether termed an MOU, treaty, or convention, can escape parliamentary ratification if it creates binding obligations for Ghana.
“The President 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, and by virtue of the failure to obtain such ratification the agreement is unconstitutional,” the Supreme Court had ruled.
Nana B warned that attempts to bypass the constitution amount to “an assault on the 1992 Constitution and the authority of the Supreme Court.”
