ACCRA, Oct 14 (The African Portal) – A Ghanaian civil society group, Democracy Hub, has filed a writ at the Supreme Court challenging the legality of a secret Memorandum of Understanding (MOU) between the government of Ghana and the United States for the reception and detention of involuntarily repatriated West African nationals.
The group argues that the agreement, which allows deportees from the US to be temporarily detained in Ghana, is unconstitutional and breaches the country’s international human rights obligations.
The Supreme Court has scheduled Wednesday, 22 October 2025, to hear an interlocutory injunction seeking to suspend the implementation of the deal.
In a statement issued this week, Democracy Hub said the arrangement was concluded “secretly” 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 stated. “The Constitution requires transparency, parliamentary oversight, and respect for human dignity in all matters of international cooperation.”
The group further claimed the MOU violates international treaties, including the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention — all of which prohibit returning individuals to countries where they may face persecution or torture, a principle known as non-refoulement.
Democracy Hub also cited the use of the Bundase Military Training Camp for detention as a violation of fundamental rights under Articles 14, 15 and 19 of the Constitution, which protect liberty, human dignity, and the right to a fair trial.
In September, Ghana’s Minister for Foreign Affairs revealed that the country had reached an understanding with the US to receive West African nationals deported from US Immigration and Customs Enforcement (ICE) facilities. The move, according to the minister, formed part of negotiations to ease visa restrictions on Ghana.
At least 42 individuals have so far been involuntarily repatriated to Ghana under the arrangement, arriving in three batches on 6 September, 19 September, and 13 October.
They were received and detained under armed military supervision at Bundase, where several were reportedly held in “deplorable conditions” without access to legal counsel.
Democracy Hub said the deal not only breaches Ghana’s Constitution but could also make the country complicit in chain refoulement — the indirect return of refugees to places where they face danger through a third country.
