11 West Africans take Ghana to court over alleged unlawful detention
By DL news
Published
2 min read
According to the suit, the Attorney General, the Chief of Defence Staff, and the Comptroller General of the Ghana Immigration Service have been named as respondents.
A group of eleven West African nationals has dragged the government of Ghana before the Human Rights Division of the High Court in Accra, challenging what they describe as unlawful detention and asking the court to intervene through a habeas corpus process.
The applicants citizens of Nigeria, Liberia, Togo, The Gambia, and Mali say they were previously in U.S. immigration custody but had been granted protection against deportation by American courts. They insist that their rights have been breached after their unexpected transfer to Ghana.
According to the suit, the Attorney General, the Chief of Defence Staff, and the Comptroller General of the Ghana Immigration Service have been named as respondents.
The foreigners are demanding judicial scrutiny of their detention through a writ of Habeas Corpus Ad Subjiciendum. The application, filed ex-parte, is scheduled for hearing on Thursday, September 19.
The Latin writ, which literally means “produce the body,” is a constitutional safeguard designed to protect people from arbitrary imprisonment by requiring authorities to justify a detention before a judge.
In their affidavit, the detainees allege that they were covertly removed from U.S. detention facilities between September 5 and 6, 2025, shackled, and flown to Ghana without any explanation.
They claim that upon landing they were handed over to Ghanaian officials and confined in what they believe is a military installation, without any judicial oversight.
Allegations of rights violations
The applicants argue that their detention offends Article 14(1) of the 1992 Constitution, which guarantees every individual the right to personal liberty and protection from arbitrary arrest.
They further contend that due process, administrative justice, and the principle of non-refoulement have all been undermined.
Their legal team, led by Oliver Barker-Vormawor, pointed out that at least eight of the group had already been granted Withholding of Removal or Deferral of Removal under the Convention Against Torture (CAT) by U.S. judges.
These protections bar their return to their home countries because of the risk of torture, persecution, or degrading treatment.
The reliefs sought under Article 33(1) of the Constitution include immediate judicial protection and recognition of their fundamental human rights, with the applicants urging the court to ensure Ghana complies with both its constitutional obligations and international commitments.
