Pro-democracy group, Democracy Hub, has dragged the National Democratic Congress government before the Supreme Court, challenging what it describes as
Pro-democracy group, Democracy Hub, has dragged the National Democratic Congress government before the Supreme Court, challenging what it describes as an “unconstitutional and secret” Memorandum of Understanding (MoU) signed between Accra and Washington to receive and detain deported West African nationals from the United States.
The controversial arrangement, according to the group, violates Ghana’s Constitution and international human rights obligations.
The Supreme Court has set Wednesday, October 22, 2025, to hear an interlocutory injunction seeking to suspend the implementation of the deal pending a full determination.
The Secret Agreement
The MoU—reportedly negotiated between the Ministry of Foreign Affairs and the U.S. State Department—allows deportees from the United States, including non-Ghanaian West Africans, to be temporarily held in Ghanaian custody before being transferred to their respective countries.
Democracy Hub contends that this arrangement was done “in secrecy,” without parliamentary ratification as required by Article 75(2) of the 1992 Constitution, which mandates that all international agreements be approved by Parliament before enforcement.
In a statement, the group said: “No government has the authority to secretly contract Ghana out of its constitutional and human rights obligations. The Constitution demands transparency, parliamentary oversight, and respect for human dignity in all international dealings.”
Human Rights and Legal Concerns
The lawsuit argues that the MoU violates key international conventions—such as the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention—which forbid countries from returning individuals to places where they may face persecution or torture, a principle known as non-refoulement.
Additionally, Democracy Hub has raised alarm over reports that deportees are being held under military guard at the Bundase Military Training Camp.
The group claims such detentions amount to breaches of Articles 14, 15, and 19 of the Constitution, which guarantee the right to liberty, human dignity, and a fair trial.
The Foreign Affairs Minister’s Defence
The controversy stems from Foreign Affairs Minister Samuel Okudzeto Ablakwa’s disclosure in September that Ghana had reached a “mutual understanding” with the United States to receive deportees as part of efforts to resolve visa restrictions imposed on Ghana by the Trump administration earlier this year.
Under the arrangement, at least 42 individuals—mostly West Africans—have already been deported to Ghana in three batches: September 6, September 19, and October 13.
They were reportedly detained under armed supervision at Bundase, with sources claiming some were held in “deplorable conditions” and denied legal access.
Okudzeto Ablakwa, however, defended the agreement, describing it as a “temporary humanitarian arrangement” consistent with Ghana’s regional commitments under ECOWAS protocols.
The Visa Restriction Background
In July 2025, the Donald Trump administration imposed visa restrictions on Ghana and several African nations, citing high rates of visa overstays and non-cooperation on deportations.
Ghanaian visa applicants were downgraded from five-year multiple-entry visas to short-term single-entry permits, creating widespread disruption for students, businesspeople, and families.
The Mahama administration, facing growing public frustration, launched diplomatic negotiations that culminated in the lifting of the sanctions in October 2025 with the deportee deal.
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