By Emmanuel Nduka Obisue
A civil society organisation in Ghana has filed a lawsuit seeking to invalidate a controversial deportation deal between the Ghanaian government and the United States, citing constitutional breaches and alleged human rights violations.
The suit, filed by the non-partisan group Democracy Hub, challenges the legality of an agreement under which Ghana agreed to receive deportees from the US as part of President Donald Trump’s expanded deportation programme. The group argues that President John Mahama acted “unconstitutionally” by implementing the deal without parliamentary approval or ratification.
AFP said it saw court papers detailing that the case lodged at Ghana’s Supreme Court on Monday, contends that the reception, detention, and onward transfer of involuntarily repatriated West African nationals were carried out without legal authority.
At least 28 deportees have reportedly arrived in Ghana so far, with some allegedly sent to other countries or left undocumented. Lawyers and deportees also claim that several individuals have been held under harsh conditions without access to legal counsel.
Democracy Hub is asking the court to declare the detention of deportees in military custody unlawful and to find that Ghana’s treatment of migrants violates international conventions against torture.
The suit argues that by “onward deportation” of people who may need international protection, and holding them in “deplorable, inhumane and degrading conditions,” the government is acting in breach of both Ghana’s constitution and international human rights law.
The court is expected to hear arguments on October 22, including a motion seeking to suspend implementation of the deal pending judgment.
Ghana’s Foreign Minister, Samuel Okudzeto Ablakwa, recently acknowledged that the government accepted the US request in exchange for the lifting of certain restrictions.
“They said okay, you have come to us with what you want. You want us to reverse the visa restrictions, you want a 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 in an interview with Ghana’s TV3.
