Democracy Hub sues Government over U.S. deportation deal with Ghana

Civil society organisation Democracy Hub has taken the Government of Ghana to the Supreme Court, accusing it of entering into a covert and unconstitutional deal with the United States that allegedly allows foreign deportees to be detained in Ghana.

The group insists that the Memorandum of Understanding (MoU) — which reportedly permits the transfer and temporary holding of West African nationals deported from the U.S. — breaches Ghana’s Constitution and international legal obligations.

A hearing for an injunction application to stop the agreement from being implemented has been fixed for Wednesday, October 22, 2025.

Democracy Hub claims the arrangement was quietly brokered as part of diplomatic negotiations aimed at persuading Washington to lift visa restrictions on Ghana.

The matter gained attention when Foreign Affairs Minister Samuel Okudzeto Ablakwa allegedly confirmed that such an understanding existed, allowing deportees from the U.S. to be temporarily held in Ghana before being sent to their countries of origin.

According to the group, since the agreement took effect, 42 foreign nationals have already been received and kept at the Bundase Military Training Camp under armed guard. These detentions reportedly took place on September 6, September 19, and October 13, 2025.

Democracy Hub alleges that the detainees were held without formal charges, without access to lawyers, and in poor humanitarian conditions, describing the situation as a violation of both Ghanaian and international human rights standards.

The suit, filed under Articles 2(1)(b) and 130(1) of the 1992 Constitution, lists 28 separate claims and seeks to have the court declare the MoU unconstitutional and void.

The group’s arguments centre on four main issues:

Lack of Parliamentary Approval: The MoU, it says, was never brought before Parliament for ratification as required by Article 75(2).

Breach of International Treaties: Ghana’s participation violates global conventions — including the 1951 Refugee Convention, the OAU Refugee Convention, and the Convention Against Torture — which prohibit returning individuals to places where their lives could be endangered.

Violation of Fundamental Rights: The detention of civilians under military control contradicts Articles 14, 15, and 19 of the Constitution, which guarantee liberty, dignity, and the right to a fair hearing.

Complicity in Chain Refoulement: The group contends that by cooperating with the U.S. on these transfers, Ghana risks involvement in chain refoulement — the illegal handover of persons who might later face persecution elsewhere.

In a statement, the organisation argued that no government has the mandate to secretly commit the country to international deals that erode democratic principles and disregard parliamentary oversight.