Democracy Hub has filed a writ at the Supreme Court over the John Mahama government’s secret deal to accept U.S. deportees.
The group are challenging the legality of a secret Memorandum of Understanding (MOU) between the government of Ghana and the United States.
The Democracy Hub argues that the MOU between the U.S and Ghana is unconstitutional and violates international human rights obligations.
The Apex court has set Wednesday, October 22, 2025, for the hearing of an interlocutory injunction.
Democracy Hub, in a statement, highlighted, the arrangement was entered into “secretly” without parliamentary approval, contrary to 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 also noted that the MOU violates key international agreements such as the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention.
Citing those Conventionbar countries from returning individuals to places where they face persecution or torture, a principle known as non-refoulement.
The writ also detailed the use of military detention at Bundase Military Training Camp as a breach of fundamental rights under Articles 14, 15, and 19 of the Constitution.
It will be recalled that President John Mahama, speaking to the media some weeks ago, revealed that some 14 US deportees arrived in Ghana, with several of them being Nigerians and a Gambian.
He cited the regional bloc Ecowas’s free movement protocol that allows citizens of member states to enter other West African countries without a visa for up to 90 days.
John Mahama further revealed that Ghana had already facilitated the return of the Nigerians to their country, while the Gambians were still being assisted. He stated, “We were approached by the US to accept third-party nationals who were being removed from the US. And we agreed with them that West African nationals were acceptable”.
“The government of Ghana took the principled and humanitarian decision to accept the limited number of West African nationals deported from the United States under exceptional circumstances, in line with Ghana’s long-standing Pan-African ideals and unwavering commitment to regional solidarity,” President Mahama stated.
He added, “Our decision is grounded purely on humanitarian principles and Pan-African solidarity to offer temporary refuge where needed, to prevent further human suffering, and to maintain our credibility as a responsible regional actor. Ghana’s decision must be understood as an act of Pan-African empathy. It is not transactional like Rwanda, Eswatini, Uganda, or South Sudan”.
Mahama, however, clarified that the arrangement should not be seen as an endorsement of President Donald Trump’s new U.S. immigration policies.
Meanwhile, the Minority caucus has urged the government to suspend the deal, arguing that it violates Article 75 of the Constitution.
They highlighted that the provision requires that every treaty, agreement, or convention signed by or under the authority of the President must be laid before Parliament for ratification.
Below is the writ;