A law lecturer at the University of Professional Studies, Accra (UPSA) and member of the New Patriotic Party’s (NPP) Legal Directorate, Ishaq Ibrahim, has accused the Mahama administration of breaching Ghana’s 1992 Constitution in its reported agreement with the United States over the reception of deportees from other countries.
Speaking on Inside Pages with Moro Awudu on Metro TV on Saturday, October 11, 2025, Ishaq Ibrahim described the deal as “incompetently handled” and said it should have received parliamentary approval under Article 75 of the Constitution.
He said the Foreign Affairs Minister, Samuel Okudzeto Ablakwa, may have mislabeled what is effectively a treaty as a memorandum of understanding (MoU).
“Under normal international law, memorandum of understandings are proprietary work. They do not impose obligations on a state or give rights to other individuals,” Ishaq explained.
“If a document purports to impose obligations on a state or gives rights to somebody under international law, then it becomes a treaty, not a memorandum of understanding.”
According to him, the document signed with the US government imposes obligations on Ghana to receive certain foreign nationals, which automatically elevates it beyond a simple MoU.
“It gives rights to foreign citizens to arrive in Ghana under that agreement. So people have rights. And once they acquire rights to enter Ghana, that becomes a treaty, which requires parliamentary approval,” he said.
Ishaq Ibrahim argued that if a similar breach had happened in a Western democracy, the minister involved would have been forced to resign.
“If it was a Western country, Ablakwa would no longer be a minister. He would have been forced to resign for breaching the constitution and allowing foreign nationals to enter here,” he said.
He also rejected suggestions that Ablakwa was merely acting on the advice of the Attorney General.
“Are you saying the Attorney General does not get it wrong? They always get things wrong,” he said.
“If that was the advice of the Attorney General, then it was incompetent advice.”
The UPSA law lecturer said it was disingenuous for the minister to blame the opposition for reacting to what he described as “internationally reported” developments.
“It’s reported in the international portals,” he noted. “So if the opposition reacts, then you put the blame on them instead of the government? That’s wrong.”
He accused the government of a pattern of “underhand tactics” and questioned why the US would single out Ghana among nearly 200 countries as a destination for the deportee in question.
“Why would America, out of nowhere, announce that a citizen of El Salvador is coming to Ghana? The United Nations has 193 countries. Why didn’t they name any other apart from Ghana?” he asked.
Describing the Mahama administration as “a bunch of incompetent people,” Ishaq Ibrahim said their actions have undermined institutional independence and credibility.
“Some of these ministers, if you send them to Kokompe to negotiate the price of a bath, the market trader will shortchange them,” he quipped.
“We’ve seen that reflection in their negotiations with DSTV.”
He insisted that the government, not the opposition, should take responsibility for the fallout of the issue.
“Please do not blame the opposition this morning. Deal with it as ministers who have failed to deal with it,” he said.
