A civil society organization in Ghana has filed a lawsuit challenging the legality of the government’s deportation agreement with the United States, alleging that the deal violates both constitutional and international human rights laws, according to court documents.
The non-partisan group, Democracy Hub, lodged the suit at Ghana’s Supreme Court on Monday, seeking to void the bilateral arrangement and halt the ongoing transfer and detention of West African migrants deported from the U.S.
The legal action comes weeks after President John Mahama revealed that Ghana had struck a deal with the U.S. government to accept deportees from across West Africa as part of President Donald Trump’s immigration enforcement program.
At least 28 deportees have reportedly arrived in Ghana under the arrangement. However, lawyers and some of those affected allege that the Ghanaian authorities have been sending deportees to third countries or detaining them without due process, often without documentation, legal counsel, or formal charges.
In its filing, Democracy Hub argued that President Mahama “acted unconstitutionally” by implementing the agreement without parliamentary approval or ratification, as required under Ghana’s Constitution. The group further contends that the detention of deportees in military facilities constitutes a violation of both domestic and international law.
“By facilitating the onward deportation of individuals in need of international protection, and by holding them in deplorable, inhumane, and degrading conditions, the Government of Ghana is in breach of the global convention against torture,” the suit states.
The organization is asking the court to declare the reception and detention of the migrants “unlawful and unconstitutional,” arguing that many of them have not been charged with any offence, have been held for prolonged periods without being presented before a court, and have been denied access to legal representation.
The Supreme Court is scheduled to hear arguments on October 22 on whether to suspend or invalidate the agreement pending full determination of the case.
Meanwhile, Ghana’s Foreign Minister, Samuel Okudzeto Ablakwa, last week acknowledged that the country had accepted deportees as part of broader negotiations with Washington, which included discussions on lifting U.S. visa restrictions and revising trade tariffs.
“They said, ‘You want us to reverse the visa restrictions, extend the trade deal, and revisit the 15-percent tariff. We are also dealing with immigration challenges — so we want your cooperation,’” Ablakwa said in an interview with TV3 Ghana.
The revelation has sparked heated public debate over the ethical and legal implications of the arrangement, with rights advocates accusing the government of commodifying migrants in exchange for diplomatic concessions.
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