Democracy Hub has filed a writ at the Supreme Court of Ghana challenging the legality of a secret Memorandum of Understanding (MOU) between the government of Ghana and the United States for the reception and detention of involuntarily repatriated West African nationals.
The group argues that the MOU, which allows deportees from the U.S. to be temporarily detained in Ghana, is unconstitutional and violates international human rights obligations.
The Supreme Court has set Wednesday, October 22, 2025, for the hearing of an interlocutory injunction to suspend the implementation of the agreement.
In a statement issued this week, Democracy Hub said the arrangement was entered into “secretly” without parliamentary approval, contrary to Article 75(2) of the 1992 Constitution.
“No government has the authority to secretly contract Ghana out of its constitutional and human rights obligations,” the group stated. “The Constitution requires transparency, parliamentary oversight, and respect for human dignity in all matters of international cooperation.”
According to the group, the MOU violates key international agreements such as the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention, which bar countries from returning individuals to places where they face persecution or torture, a principle known as non-refoulement.
The challenge also cites the use of military detention at Bundase Military Training Camp as a breach of fundamental rights under Articles 14, 15, and 19 of the Constitution, which guarantee liberty, human dignity, and fair trial.
In September, the Minister for Foreign Affairs disclosed that Ghana had reached an understanding with the U.S. to receive West African nationals deported from U.S. Immigration and Customs Enforcement (ICE) facilities as part of negotiations to ease visa restrictions on Ghana.
Under this arrangement, at least 42 individuals have already been involuntarily repatriated to Ghana in three batches on September 6, September 19, and October 13.
They were received and detained under armed military custody at Bundase, where several were reportedly held in “deplorable conditions” without access to lawyers.
Democracy Hub contends that the deal not only breaches constitutional provisions but also risks making Ghana complicit in chain refoulement — where refugees are indirectly returned to danger through a third country.
Source: Caleb Ahinakwah (adomonline.com)
