Ghana’s Supreme Court has unanimously ruled that the 1931 Extradition Treaty between the United States of America and Great Britain remains valid and enforceable in Ghana, confirming that it forms part of the country’s existing legal framework.
The landmark decision, delivered in Reference No. J6/01/2024, arose from an extradition application and clarifies that Ghana succeeded to the treaty upon independence, as the then-Gold Coast was a British colony at the time the treaty was enacted. The court held that such treaties automatically became part of Ghana’s legal system post-independence.
The ruling also affirmed that trial magistrates in Ghana have jurisdiction to hear and determine extradition requests, referencing the Extradition Act, 1960 (Act 22), and judicial precedents including Ex parte Allotey. “We are of the firm view that the trial Magistrate had jurisdiction to consider and determine the application for extradition before her,” the court stated.
A seven-member panel comprising Justices H. Kwofie, G. Pwamang, M. Owusu (Ms.), Prof. H.J.A.N. Mensa-Bonsu (Mrs.), E. Yonny Kulendi, B. F. Ackah-Yensu (Ms.), and Y. Darko Asare signed the decision. The ruling settles lingering questions about the continued force of pre-independence treaties in Ghana, holding that the 1931 treaty is recognized under Article 11 of the 1992 Constitution as part of existing law.
The decision is poised to have significant implications for future extradition proceedings, especially regarding requests from the United States. Legal representation in the case included Nicholas Lenin Anane Agyei, Esq., for the applicant; and Principal State Attorney Richard Gyambiby, with Yvonne Yaache-Adomako, Ackah Nyameke, and Director of Public Prosecutions Mrs. Yvonne Atakora Obuobisa for the Republic.
Meanwhile, Rolf Olson, Chargé d’Affaires at the U.S. Embassy in Accra, commented at a media roundtable that established U.S. protocols will be followed in the event of extradition requests from Ghanaian authorities. His remarks came amid ongoing efforts by Ghana’s Special Prosecutor to secure the extradition of former Finance Minister Ken Ofori-Atta, who faces a 78-count indictment and is reportedly outside Ghana for health reasons. The OSP assured the courts that all legal mechanisms and international cooperation are being pursued to ensure the accused persons’ appearance as required by law.
Source: Apexnewsgh.com
