Democracy Hub Sues Ghana Government Over US Deportation MoU at Supreme Court
- Democracy Hub has sued the government at the Supreme Court for allegedly entering an MoU with the US without parliamentary approval
- The group claims Ghana unlawfully received and transported deportees in breach of international and constitutional laws
- President Mahama and Minister Ablakwa confirmed Ghana accepted 14 West Africans and is preparing to receive 40 more
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A civil society organisation, Democracy Hub, has filed a lawsuit at the Supreme Court of Ghana, challenging the government's decision to enter into a memorandum of understanding (MoU) with the US for the acceptance of repatriated West African nationals.
The civil society group is seeking 28 reliefs against the government for unlawfully receiving, detaining, and transporting foreign nationals from the US to other countries, in violation of the Constitution and international law.
Source: Facebook
The Supreme Court has fixed Wednesday, October 22, 2025, to hear an application for an interlocutory injunction seeking to halt the implementation of the agreement pending the final determination of the case.
On September 10, 2025, President John Mahama confirmed that Ghana had accepted 14 West Africans deported from the US as part of the Trump administration's crackdown on immigration.
The Minister for Foreign Affairs, Samuel Okudzeto Ablakwa, also disclosed in an interview with Channel One TV that Ghana was preparing to receive 40 more West African deportees from the United States.
He explained that the decision to host the deportees was solely based on humanitarian grounds, adding that an MoU had been agreed between Ghana and the US.
"We are the only country in West Africa, so far approached by the Americans, and we thought, look, West Africans already, under the ECOWAS protocol, can visit any country visa-free and stay for 90 days. So, on principle, on humanitarian grounds and Pan-African solidarity, let's accept our fellow West Africans, and let's make the point that Ghana is your home," he said.
This MoU, according to the Democracy Hub, was entered into without parliamentary approval, contrary to Article 75(2) of the 1992 Constitution.
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Democracy Hub's claims
The group alleges that the deportees were held in “deplorable conditions for weeks without charge, without access to lawyers, and under inhumane conditions.
They argue that the agreement purportedly breaches Ghana's obligations under the 1951 Refugee Convention, the Convention against Torture, and the OAU Refugee Convention, which prohibit returning individuals to countries where they may face persecution.
According to the Democracy Hub, detaining civilians and asylum-seekers under military authority contravenes Articles 14, 15, and 19 of the Constitution, which safeguard personal liberty, human dignity, and the right to a fair trial.
They also claimed that by participating in the transfer of individuals who may face persecution elsewhere, Ghana is allegedly facilitating “chain refoulement,” a grave breach of jus cogens norms - binding principles of international law from which no state may derogate
“The Constitution demands transparency, parliamentary oversight, and respect for human dignity in all matters of international cooperation,” the group said. “This case is not only about the individuals affected but also about safeguarding Ghana’s democratic integrity and its standing as a rule-of-law state that upholds international human right," they stated in their writ.
Source: UGC
Ghanaians deports to undocumented migrants
Meanwhile, YEN.com.gh reported that some undocumented migrants were rounded up by the Ghana Immigration Service in Accra.
A video, which has since gone viral, showed the moment both Ghanaians and the undocumented migrants bid their heartfelt goodbyes.
The Ghana Immigration Service, at a press conference, indicated that the detained undocumented migrants were going to be deported.
Source: YEN.com.gh
