Civil society group Democracy Hub has filed a suit at the Supreme Court of Ghana, challenging what it describes as an unlawful and secretive Memorandum of Understanding (MoU) between the Government of Ghana and the United States. The agreement allegedly permits Ghana to receive and detain West African nationals who have been forcibly deported from the U.S.
The group argues that the arrangement is unconstitutional and violates both Ghana’s 1992 Constitution and international human rights conventions. The Supreme Court has fixed Wednesday, October 22, 2025, to hear an interlocutory injunction seeking to halt the implementation of the deal.
In a statement issued earlier this week, Democracy Hub condemned the government’s decision to enter into what it called a “secret” agreement without parliamentary approval, in contravention of Article 75(2) of the Constitution.
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“No government has the authority to secretly contract Ghana out of its constitutional and human rights obligations,” the group said. “Our Constitution demands transparency, parliamentary oversight, and respect for human dignity in all international dealings.”
According to the Hub, the MoU breaches several international treaties, including the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention—all of which prohibit returning individuals to countries where they risk persecution or torture, a protection known as non-refoulement.
The group further alleges that deportees are being detained under military custody at the Bundase Military Training Camp, which it says violates constitutional rights to personal liberty, human dignity, and fair trial under Articles 14, 15, and 19 of the Constitution.
In September, the Minister for Foreign Affairs confirmed that Ghana had reached an understanding with the U.S. to accept deported West African nationals from U.S. Immigration and Customs Enforcement (ICE) facilities. The move was reportedly part of negotiations to ease U.S. visa restrictions imposed on Ghana.
So far, 42 individuals have been deported and detained in three separate batches—on September 6, September 19, and October 13. Reports indicate that many of them were held under armed guard at Bundase in “deplorable conditions”, without access to legal counsel.
Democracy Hub maintains that the deal not only undermines Ghana’s constitutional principles but also exposes the country to the risk of chain refoulement, where refugees are indirectly returned to danger through a third country.
Story By: Afia Ohenewaa Akyerem