Ghana’s Democracy Under Scrutiny: Court Challenge Mounts Over US Deportation Deal

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A civil society organization, Democracy Hub, has petitioned the Supreme Court of Ghana, challenging the constitutionality of a Memorandum of Understanding (MoU) between Ghana and the United States regarding the reception and detention of involuntarily repatriated West African nationals. The group asserts that the agreement breaches Ghana’s 1992 Constitution and international human rights standards.

The MoU was concluded without parliamentary scrutiny, contravening Article 75(2) of the Constitution, which mandates parliamentary approval for international agreements. The agreement allegedly contravenes several international conventions, including the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention, which prohibit the return of individuals to countries where they may face persecution or torture. The use of Bundase Military Training Camp as a detention site for deportees has been cited as a violation of fundamental rights guaranteed under Articles 14, 15, and 19 of the Constitution.

The Supreme Court has fixed Wednesday, October 22, 2025, to hear an interlocutory injunction filed by Democracy Hub seeking to halt the implementation of the agreement. The group is seeking 28 reliefs, including a declaration that the reception and detention of migrants in Ghana is unlawful and unconstitutional.

Ghana’s Foreign Minister, Samuel Okudzeto Ablakwa, disclosed that the agreement was part of efforts to lift visa restrictions imposed on Ghana by the US. The government has been accused of trading off national sovereignty and human rights for economic benefits, including the potential extension of a US trade deal and review of the 15% tariff.

The case has sparked a national debate on Ghana’s sovereignty, human rights, and the role of the executive in international agreements.

epos MBN360 News

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