Democracy Hub has dragged the Government of Ghana to the Supreme Court over what it describes as an unlawful security arrangement with the United States that allows deported West African nationals to be received and detained in Ghana.
According to the civil society group, the Memorandum of Understanding (MoU) breaches the 1992 Constitution and violates several international human rights treaties to which Ghana is a signatory.
The MoU, the group claims, enables US authorities to transfer third-country nationals into Ghana for temporary detention and later rendition. Democracy Hub insists that the arrangement was concluded in secret and never submitted to Parliament for approval, as required by the Constitution.
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In September 2025, the Minister of Foreign Affairs, Samuel Okudzeto Ablakwa, confirmed that Ghana had reached an understanding with the United States to accept deported West African nationals from US Immigration and Customs Enforcement (ICE) facilities.
The initiative, according to government sources, forms part of broader diplomatic negotiations aimed at easing the visa restrictions the US imposed on Ghana several years ago.
However, Democracy Hub contends that the deal has already been implemented, alleging that three groups of deportees, 42 people in total, were flown into Ghana on September 6, September 19, and October 13, 2025.
The group further claimed that the deportees were confined at the Bundase Military Training Camp under armed guard, without access to legal representation or family contact.
A writ sighted by GhanaWeb on Tuesday, October 14, 2025, shows that Democracy Hub is seeking 28 distinct declarations and orders from the Supreme Court.
The group argues that the MoU is null and void because it was never submitted to Parliament for ratification, as stipulated under Article 75(2) of the Constitution.
It further contends that the agreement contravenes Ghana’s obligations under key international conventions such as the 1951 Refugee Convention, the OAU Refugee Convention, and the Convention Against Torture, all of which prohibit the transfer of individuals to countries where they risk persecution, a principle known as non-refoulement.
“Ghana is a state governed by the rule of law. It cannot lawfully implement an agreement that disregards constitutional due process, international refugee protection, and democratic oversight. The Government’s continued reliance on and implementation of the MoU constitutes a permanent and systemic constitutional breach, and any continued enforcement of its terms must be declared unconstitutional, null, and void,” the writ stated.
Democracy Hub also argued that the detention of deportees and potential asylum seekers in a military facility violates constitutional guarantees of personal liberty, dignity, and fair trial rights under Articles 14, 15, and 19 of the 1992 Constitution.
The group warned that Ghana’s participation in such deportations amounts to a violation of international conventions.
The Supreme Court has scheduled Wednesday, October 22, 2025, to hear an interlocutory injunction filed by Democracy Hub seeking to suspend enforcement of the agreement until the case is fully determined.
See the writ below:
JKB/MA
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