Gitmo 2 Case: How Government Reacted to Supreme Court Order

Gitmo 2 Case… the Ghanaian government has agreed to comply with the Supreme Court’s order…

The Supreme Court described as unconstitutional the decision by former President John Mahama to accept into Ghana, two terror suspects from the Guantanamo Bay in Cuba. The court in a 6-1 majority decision ruled the action by the ex-president was in breach of Article 75 of the constitution which required that all international agreements be brought before Parliament for ratification.

The court has subsequently ordered the executive to, within the next three months, either bring the agreement to Parliament for ratification or send the two suspects back to where they came from.


The two detainees, Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby who were in detention for 14 years after being linked with terrorist group Al-Qaeda, were brought to Ghana in 2016, for a period, after which they were expected to be reintegrated in their home countries.

They were picked up in Yemen in 2002, sent to Guantanamo Bay where they were held for more than a decade until ex-president John Mahama decided to accept the two into Ghana’s jurisdiction as part of President Barack Obama’s efforts to close down the Guantanamo Bay detention center.

Govt’s Response.

The government has assured that the detainees will continue to be under the supervision of the security agencies. Government through the Information Ministry was also quick to point out that the Gitmo 2 have been comporting themselves well since their arrival in Ghana.

The Information Ministry in the statement also called for calm amongst the people on the matter.

This response by the government permeated a notion of reluctance among stakeholders, some of whom described it as a slight retreatment.

However, the government has assured it is taking prompt steps to deal with the Supreme Court’s orders concerning the continued stay of the two.

Gitmo 2 Case Could Jeopardize Ghana-US Ties -Stakeholders

Meanwhile, some stakeholders have feared that the Gitmo 2 case could affect Ghana’s relationship with the United States (US) if not handled well. NDC Member of Parliament for North Tongu Constituency, Samuel Okudzeto Ablakwa has urged the government to focus more on the need to maintain the cordial relationship between the countries.

The US Embassy in Ghana has assured Ghanaians that the presence of the two former detainees, posed no threat to the security of the country.