A civil society organization in Ghana has filed a lawsuit seeking to nullify a deportation agreement between the Ghanaian and US governments, arguing that the deal violates the country’s constitution and the rights of West African deportees.
The case, brought before Ghana’s Supreme Court by the non-partisan group Democracy Hub, challenges President John Mahama’s decision to accept migrants deported under US President Donald Trump’s controversial repatriation programme.
Mahama disclosed last month that his government had reached an arrangement with Washington to receive deportees from across West Africa as part of the United States’ broader deportation efforts.
So far, at least 28 people have been flown into Ghana under the deal. Lawyers and deportees allege that some arrivals have been sent to their home countries or “dumped” in third nations without proper documentation.
According to court documents, Democracy Hub argues that Mahama “acted unconstitutionally” by entering into and implementing the agreement without parliamentary approval or ratification. The suit also questions the legality of detaining civilian deportees in military custody, describing such detentions as unlawful.
The group contends that by deporting individuals in need of international protection and holding them in “deplorable, inhumane and degrading conditions,” Ghana is breaching the global convention against torture.
The lawsuit seeks a declaration that the detention of migrants in Ghana is “unlawful and unconstitutional” when such individuals are not charged with any crime, held for long periods without court appearances, or denied access to legal representation.
The Supreme Court is scheduled to begin hearing arguments on October 22, including a request to suspend the implementation of the deportation agreement pending the outcome of the case.
Ghana’s Foreign Minister, Samuel Okudzeto Ablakwa, confirmed last week that the government agreed to take in expelled individuals as part of broader negotiations with the US.
“They said okay, you have come to us with what you want. You want us to reverse the visa restrictions, you want (a US trade deal) extended, and you want us to relook at the 15-percent tariff. We are also now dealing with immigration challenges… So we want you to help us deal with this issue,” Ablakwa said during an interview on TV3 Ghana.
The lawsuit marks a growing backlash within Ghana against the government’s cooperation with Washington on deportation policy, which critics say trades human rights for diplomatic concessions.