Civil society group Democracy Hub has initiated legal proceedings at Ghana’s Supreme Court, contesting the legitimacy of a confidential Memorandum of Understanding (MOU) between the Ghanaian government and the United States concerning the reception and confinement of forcibly returned West African migrants.
The organization asserts that the agreement, which permits the temporary detention of deportees from the U.S. on Ghanaian soil, contravenes the Constitution and breaches international human rights standards.
The Supreme Court has scheduled Wednesday, October 22, 2025, to hear an application for an interim injunction aimed at halting the enforcement of the deal.
In a statement released this week, Democracy Hub criticized the government for entering into the arrangement “covertly” without seeking parliamentary endorsement, in violation of 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 argues that the MOU breaches major global treaties including the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention, all of which prohibit the return of individuals to countries where they may face persecution or inhumane treatment — a principle known as non-refoulement.
Democracy Hub also raised concerns over the use of the Bundase Military Training Camp as a detention site, describing it as a violation of core rights enshrined in Articles 14, 15, and 19 of the Constitution, which protect personal freedom, dignity, and the right to a fair trial.
In September, Ghana’s Minister for Foreign Affairs revealed that the country had reached a consensus with the U.S. to accept deported West African nationals from U.S. Immigration and Customs Enforcement (ICE) facilities, as part of efforts to ease visa restrictions on Ghana.
Under this pact, at least 42 individuals have already been returned against their will in three separate groups on September 6, September 19, and October 13.
These individuals were reportedly held under armed military supervision at Bundase, with many allegedly detained in poor conditions and denied legal representation.
Democracy Hub maintains that the agreement not only violates Ghana’s constitutional framework but also risks implicating the country in chain refoulement — a process where refugees are indirectly sent back to danger through a third nation.
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