It is most worrying that despite my consistent efforts both in and outside Parliament in carrying out my Parliamentary oversight role by drawing the attention of President Nana Addo Dankwa Akufo-Addo to his public pledge at Jamaica House on 15th June, 2019 that a bilaterally negotiated Ghana-Jamaica Visa Waiver Agreement CANNOT come into effect today the 1st of July 2019 without parliamentary ratification contrary to his declaration – the said agreement is yet to be brought to Parliament for ratification.
This disregard for our national laws and contempt for Parliament has occurred even in the face of public assurances by the Chairman of the Foreign Affairs Committee after I raised the matter in issue that his checks at the Foreign Ministry reveal that Article 75 would be complied with before July 1st.
Article 75 of the 1992 Constitution reads as follows:
“(1) The President may execute or cause to be executed treaties, agreements or conventions in the name of Ghana.
(2) A treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by-
(a) Act of Parliament; or
(b) a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament.”
We all do know that the Supreme Court on 22nd June, 2017 cleared any ambiguity in the case of:
Mrs. Margaret Banful
Henry Nana Boakye
Vrs.
The Attorney-General
The Ministry of Interior;
and by a panel presided over by the current Chief Justice, Her Ladyship Justice Sophia Abena Boafoa Akuffo when they interpreted Article 75 in very clear unequivocal terms. Indeed, the apex court stated: “Consequently, we hold that, upon a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the President of the Republic of Ghana, in agreeing to the transfer of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby to the Republic of Ghana, 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.”
What is obvious is that President Akufo-Addo is in clear breach of the Constitution of Ghana and that just like other pending Visa Waiver Agreements such as the Ghana-Columbia, Ghana-Chile, Ghana-Hungary and Ghana-India agreements; the Ghana-Jamaica agreement cannot and has not come into effect today.
Ghana’s international image and foreign relation credentials suffer an unfortunate setback when the President’s words at a press briefing flanked by his counterpart, Jamaican Prime Minister Hon. Andrew Holness and given wide coverage by the international media cannot be relied upon.
Ghana and the year of return commemorations which the Minority supports in principle does not deserve such embarrassments.
We urge the President and his Government to desist from these constitutional violations and do what is right even as the Minority continues to consider its options.
Samuel Okudzeto Ablakwa (MP)
Ranking Member, Foreign Affairs Committee of Ghana’s Parliament.
[1st July, 2019]