The move followed the decision of lawyers of the state to withdraw those aspects of its defence.

At Tuesday’s sitting, Chief State Attorney, Mr Sylvester Williams, informed the court about the state’s intention to withdraw two aspects of its defence.

The first was an argument that was evidenced by the plaintiff that an assessment by the US on the two former detainees, Mahmud Umar Bin Atef and Muhammed Salih Al-Dhuby, as terrorists should not be admitted into the case.

The second was the argument that the decision of the US to send the two former detainees to Ghana was the sovereign decision of the US and, therefore, it could not be challenged in a law court in Ghana.

Mr Williams withdrew the two issues because they had already been determined against the state in an earlier ruling by the apex court.

Suit

The plaintiffs in the suit, Margaret Banful and Henry Nana Boakye, dragged the Attorney-General and the Interior Minister to the Supreme Court for a declaration that the continued stay of Mahmud Umar Bin Atef and Muhammed Salih Al-Dhuby in Ghana is unlawful.

They are also seeking “a declaration that on a true and proper interpretation of Article 75 of the 1992 Constitution, the President of the Republic of Ghana, by agreeing to the transfer of Bin Atef and Al-Dhuby to the Republic of Ghana, required ratification by an Act of Parliament or a resolution of Parliament, supported by the votes of more than one-half of all members of Parliament”.

Unconstitutional

According to the applicants, the President acted unconstitutionally in his failure to obtain the requisite ratification by an Act of Parliament or a resolution of Parliament when he agreed with the US government to transfer the two former detainees to Ghana.

They claimed that the reception accorded the two by the President was in excess of his powers under the Constitution and was, therefore, unconstitutional.

They also want an order directed at the Interior Minister to immediately return the two detainees to the US government.

Further application

At Tuesday’s sitting, Counsel for the plaintiffs, Nana Adjei Baffour-Awuah, prayed the court to grant him the opportunity to file further arguments in support of his clients’ case.

The seven-member panel, presided over by Mr Justice William Atuguba, granted the request of counsel and directed him to file his further arguments within 14 days.

“It should, however, be filed within the parameters of the issues set out for determination in the case,’’ the court held.

Other members of the panel were Ms Justice Sophia Akuffo, Mrs Justice Vida Akoto Bamfo, Mr Justice Anin Yeboah, Mr Justice Jones Dotse , Mr Justice Paul Baffoe-Bonnie and Mr Justice Sule Gbadegbe.

The case was adjourned to February 8, 2016.