A Ghanaian human rights organisation has filed a lawsuit against the government, contesting an agreement signed with the United States under the Trump administration that allowed for the transfer and detention of West African migrants deported from the US.
The case, brought before Ghana’s Supreme Court by the group Democracy Hub, raises serious questions about constitutional legality and transparency in the government’s handling of the controversial deal.
According to the organisation’s lawyer, Oliver Barker-Vormawor, President John Mahama acted “unconstitutionally” by implementing an accord with Washington concerning “the reception, detention, and transfer to Ghana of West African nationals repatriated against their will” without seeking parliamentary approval.
The petition also calls on the court to declare the detention of these migrants in military camps “illegal and unconstitutional,” as none of them have been formally charged with any crimes.
Lawyers representing the affected individuals allege that several migrants were later either returned to their countries of origin or left stranded in third countries without valid travel documents.
Their joint statement, released on Tuesday, said the deportations took place in three waves — on 6 and 19 September, and 13 October 2025 — involving a total of 42 people transferred from the United States to Ghana.
The expulsions are part of a broader pattern of migrant transfers initiated by the US earlier this year to various countries, including Panama, Costa Rica, and several African states.
International organisations and UN experts have repeatedly criticised such operations, citing poor detention conditions, restricted asylum procedures, and a lack of transparency regarding migrants’ final destinations.
Groups such as Human Rights Watch and Amnesty International argue that the practice could violate the non-refoulement principle, which prohibits returning individuals to countries where they risk persecution.
US authorities have defended the policy as part of a regional cooperation strategy aimed at managing migration more effectively across multiple territories.
The lawsuit filed in Accra could now set a crucial legal precedent. Ghana’s Supreme Court is expected to rule on whether the government acted within its constitutional bounds — and whether it has the authority to accept deported migrants from another country without prior parliamentary consent.
About The Author
