Civil society group Democracy Hub has filed a writ at the Supreme Court of Ghana challenging the legality of a secret Memorandum of Understanding (MOU) between the Government of Ghana and the United States, which permits the reception and detention of involuntarily repatriated West African nationals on Ghanaian soil.
The group argues that the MOU—which allows deportees from the U.S. to be temporarily detained in Ghana—is unconstitutional and violates international human rights obligations.
The Supreme Court has scheduled Wednesday, October 22, 2025, to hear an interlocutory injunction application seeking to suspend the implementation of the agreement pending the determination of the substantive case.
In a statement issued this week, Democracy Hub described the deal as a “secret arrangement” entered into without parliamentary approval, contrary to Article 75(2) of the 1992 Constitution.
“No government has the authority to secretly contract Ghana out of its constitutional and human rights obligations,” the group asserted. “The Constitution requires transparency, parliamentary oversight, and respect for human dignity in all matters of international cooperation.”
The group maintains that the MOU violates key international conventions, including the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention, all of which uphold the principle of non-refoulement — prohibiting states from returning individuals to countries where they may face persecution or torture.
Democracy Hub also cited the use of military detention at Bundase Military Training Camp as a violation of Articles 14, 15, and 19 of Ghana’s Constitution, which guarantee the right to liberty, human dignity, and fair trial…
In September, the Minister for Foreign Affairs revealed that Ghana had reached an understanding with the United States to receive West African nationals deported from U.S. Immigration and Customs Enforcement (ICE) facilities. The deal reportedly forms part of negotiations to ease visa restrictions imposed by the U.S. on Ghana.
Under the arrangement, at least 42 individuals have been involuntarily repatriated to Ghana in three batches—on September 6, September 19, and October 13. They were received and detained under armed military custody at Bundase, where several were allegedly held in deplorable conditions without access to legal representation.
Democracy Hub contends that the agreement not only breaches constitutional provisions but also exposes Ghana to the risk of “chain refoulement”, where refugees are indirectly returned to danger through a third country.
The group is urging the Supreme Court to declare the MOU unconstitutional, suspend its implementation, and compel the government to comply with constitutional and international obligations.
Final-Supreme-Court-Writ-Filed.docx1_
Click the link Puretvonline.com | WhatsApp Channel to join the WhatsApp channel
GOT A STORY?
Contact/WhatsApp: +233243201960 or manuelnkansah33@gmail.com