Democracy Hub drags government to Supreme Court over ‘unconstitutional’ US deportee arrangement

Pressure group Democracy Hub has filed a suit at the Supreme Court challenging what it describes as a secret and unconstitutional deportation arrangement between Ghana and the United States government.

The group argues that the Memorandum of Understanding (MoU), which allows Ghana to receive and detain third-country West African nationals deported from the US, was never ratified by Parliament as required by Article 75(2) of the 1992 Constitution.

In the action filed on Monday, October 13, against the Attorney General and the Minister for Foreign Affairs, Democracy Hub said the agreement undermines the country's sovereignty and violates international human rights standards.

The writ, filed by lawyer and activist Oliver Barker-Vormawor of Merton & Everett LLP, revealed that at least 42 individuals have already been brought into Ghana in three batches; on September 6, September 19, and October 13, 2025.

They were reportedly received under armed escort and detained at the Bundase Military Training Camp under what the group described as “inhumane conditions.”

Democracy Hub contends that the arrangement violates the Constitution and several international treaties to which Ghana is a signatory, including the Refugee Convention and the Convention Against Torture, which prohibit the transfer of persons to places where they face persecution or harm, a principle known as non-refoulement.

The group is seeking 28 reliefs, including a declaration that the MoU is unconstitutional, null, and void; an injunction to halt further deportations under the deal; and an order restraining the government from detaining civilians in military facilities.

The Supreme Court has set Wednesday, October 22, for hearing of an interlocutory injunction to suspend implementation of the agreement.