Democracy Hub drags government to Supreme Court over ‘secret’ deal to accept U.S. deportees
Democracy Hub has filed a writ at the Supreme Court of Ghana, challenging the constitutionality and legality of a clandestine Memorandum of Understanding (MOU) between the Government of Ghana and the United States. The agreement permits the reception and detention of involuntarily repatriated West African nationals on Ghanaian soil.
The civil society group argues that the arrangement, which facilitates the temporary detention of deportees at the Bundase Military Training Camp, was executed without parliamentary approval—contravening Article 75(2) of the 1992 Constitution. According to Democracy Hub, this lack of transparency undermines constitutional principles of oversight and accountability in matters of international cooperation.
In its statement, Democracy Hub described the MOU as a “secret” deal that effectively contracts Ghana into violating both domestic and international human rights obligations. The group emphasizes that no administration has the authority to bypass constitutional safeguards or human dignity under the guise of diplomacy.
The Supreme Court is scheduled to hear an interlocutory injunction on Wednesday, October 22, 2025, seeking to suspend implementation of the agreement pending a final determination.
Citing Articles 14, 15, and 19 of the Constitution, the group claims the detention of returnees—many of whom were allegedly held in “deplorable conditions” without legal representation—constitutes a breach of fundamental rights, including liberty, human dignity, and the right to a fair trial.
Democracy Hub also contends that the arrangement violates Ghana’s obligations under key international treaties, including the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention. These instruments enshrine the principle of non-refoulement, which prohibits returning individuals to countries where they may face persecution, torture, or inhumane treatment.
According to official disclosures, at least 42 individuals have already been deported under this agreement, arriving in Ghana in three batches on September 6, 19, and October 13, 2025. They were detained under armed military custody at Bundase, reportedly without access to lawyers or due process.Final-Supreme-Court-Writ-Filed.docx1_
Democracy Hub warns that the continued implementation of the MOU not only erodes Ghana’s constitutional order but also risks entangling the country in “chain refoulement” — where refugees are indirectly returned to danger through third-party agreements.
