Democracy Hub drags gov't to Supreme Court over secret Ghana–U.S. deportee deal
14th October 2025
Civil society group Democracy Hub has filed a writ at the Supreme Court of Ghana, challenging the legality of a confidential Memorandum of Understanding (MOU) between the Government of Ghana and the United States that permits the reception and detention of involuntarily repatriated West African nationals.
The group contends that the agreement—under which deportees from the U.S. are temporarily held in Ghana—is unconstitutional and violates international human rights conventions.
The Supreme Court has scheduled Wednesday, October 22, 2025, for the hearing of an interlocutory injunction seeking to suspend the MOU’s implementation.
In a statement issued this week, Democracy Hub alleged that the government entered into the arrangement “secretly” and without parliamentary approval, in contravention of Article 75(2) of the 1992 Constitution, which mandates legislative oversight over international agreements.
“No government has the authority to secretly contract Ghana out of its constitutional and human rights obligations,” the statement read. “The Constitution requires transparency, parliamentary approval, and respect for human dignity in all matters of international cooperation.”
The group argues that 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 territories where they face persecution or torture—a principle known as non-refoulement.
Democracy Hub further described the use of Bundase Military Training Camp for holding deportees as a violation of Articles 14, 15, and 19 of Ghana’s Constitution, which safeguard the rights to liberty, human dignity, and fair trial.
In September 2025, the Minister for Foreign Affairs confirmed that Ghana had entered into an understanding with the U.S. government to host deported West African nationals from U.S. Immigration and Customs Enforcement (ICE) facilities. The deal reportedly formed part of broader efforts to ease visa restrictions on Ghana.
So far, 42 individuals have been deported under the arrangement, arriving in three batches on September 6, September 19, and October 13. According to reports, they were detained under armed military custody at Bundase in deplorable conditions, without access to legal representation.
Democracy Hub warns that beyond violating domestic and international law, the agreement risks making Ghana complicit in “chain refoulement”—where refugees are indirectly sent back to danger through a third country.