The Supreme Court has booted out a former Ashanti Regional Youth Organizer of the opposition National Democratic Congress Yaw Brogya Genfi on his decision to sue government over its defence cooperation agreement with the United States. The apex court threw out a case brought by the Dynamic Youth Movement of Ghana (DYMOG) over the controversial $2.25billion bond issued to American based investment company, Franklin Templeton by the Finance Ministry.
In both cases, the Supreme Court ruled that the cases have no merit and the petitioners failed to establish any wrongdoing.
Brogya Genfi on his part had prayed the Court to “set aside” the agreement (US military base) on grounds that it is “not in the national interest of Ghana, and contravenes articles (1 (2), 2, 11, 33, 125, 135, 140, 75 and 73 of the 1992 constitution.”
Mr. Genfi demanded eight reliefs in all, including a “declaration that the word ‘ratify’ used within the provisions of Article 75 of the 1992 constitution is a term of art which has a true meaning of incorporating international law and treaties into the domestic legal system of the Republic of Ghana and not prior approval or approval.”
The court granted none.
On DYMOG, the group that went to court over the issue accused the Finance Minister of procedural error and conflict of interest in the issuance of the bond alleging that the Finance Minister in issuing the bond to Franklin Templeton had put himself in a conflict of interest situation because one of the directors of the US-based investment group Trevor Trefgarne is also a director of a company owned by the Minister.
The group in the suit invoked the proper jurisdiction of the Supreme Court to interpret Article 284 of the 1992 constitution which states: “A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office”.
The court threw them out too. Detail judgment is to be made available tomorrow, the court announced.
Source: MyNewsGh.com/Stephen Zoure/2020