Democracy Hub has filed a case at the Supreme Court of Ghana questioning the constitutionality of a purported Memorandum of Understanding (MoU) between the Ghanaian government and the United States regarding the reception and detention of involuntarily repatriated West African nationals.
The group contends that the MoU, which permits the temporary detention of deportees from the U.S. in Ghana, breaches the 1992 Constitution and international human rights standards.
The Supreme Court has fixed Wednesday, October 22, 2025, for the hearing of an interlocutory injunction filed by the group seeking to halt the implementation of the agreement.
In a statement released this week, Democracy Hub alleged that the arrangement was concluded without parliamentary scrutiny, contravening Article 75(2) of the Constitution, which mandates parliamentary approval for international agreements.
“No administration has the right to commit Ghana to secret agreements that undermine constitutional and human rights obligations,” the statement said, emphasizing the need for transparency, legislative oversight, and respect for human dignity in international engagements.
The group further argued that the MoU contravenes several international conventions, including the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention. These instruments prohibit the return of individuals to countries where they may face persecution or torture, a principle known as non-refoulement.
Democracy Hub also cited the use of Bundase Military Training Camp as a detention site for deportees as a violation of fundamental rights guaranteed under Articles 14, 15, and 19 of the Constitution, which protect personal liberty, human dignity, and fair trial.
In September, the Minister for Foreign Affairs disclosed that Ghana had entered into discussions with the U.S. to facilitate the return of West African nationals deported from U.S. Immigration and Customs Enforcement (ICE) facilities, as part of efforts to lift visa restrictions imposed on Ghana.
Under the said arrangement, at least 42 deportees have reportedly been returned to Ghana in three batches, on September 6, September 19, and October 13, and were held under military supervision at Bundase. Reports claim that some were detained in poor conditions without access to legal representation.
The group maintains that the agreement undermines constitutional safeguards and could expose Ghana to involvement in chain refoulement, where individuals are indirectly returned to danger through a third country.
Below is the statement;
