The Supreme Court has directed both the Attorney General and Democracy Hub, the plaintiff, to file written submissions in the ongoing case challenging the government over an alleged “secret Memorandum of Understanding (MOU) with the United States on the deportation of West African nationals.”
The timeline was set by a five-member panel of the Apex Court, presided over by Justice Gabriel Scott Pwamang, with Justices Ernest Gaewu, Richard Adjei-Frimpong, Senyo Dzamefe, and Hafisata Amaleboba also on the bench.
The Court ordered that both the applicant and the Attorney General submit their arguments simultaneously within one week from Wednesday, specifically addressing Democracy Hub’s application for discovery.
The Court further indicated that it will deliver a ruling on November 26, 2025, on the discovery application before addressing the plaintiff’s request for an interlocutory injunction.
During proceedings, Deputy Attorney General Dr. Justice Srem-Sai noted that the State was unclear about the exact nature of the applicant’s requests, a point the Court acknowledged.
Democracy Hub’s counsel, Oliver Barker-Vormawor, told the Court that the plaintiff had filed two separate applications: one for discovery of documents related to the alleged MOU and another for an interlocutory injunction, emphasizing the urgency of the matter.
The Court remarked that the ongoing processes had not sufficiently assisted the bench, prompting the order for both parties to provide comprehensive written submissions to facilitate informed decision-making.
Background
Civil society organisation, Democracy Hub, jad dragged the Government of Ghana to the Supreme Court over what it described as an unconstitutional and secret Memorandum of Understanding (MOU) with the United States of America on the deportation of West African nationals.
The group, through its lawyers Merton & Everett LLP, argued that the agreement violates the 1992 Constitution and Ghana’s obligations under international law, including the 1951 Refugee Convention, the Convention Against Torture, and the OAU Refugee Convention.
Filed on October 13, 2025, the suit seeks 28 reliefs, including a declaration that the MOU is unconstitutional and an order restraining government from implementing it.
The group maintains that the agreement required parliamentary ratification under Article 75(2) but was secretly concluded without it, making it null and void.
Democracy Hub contends that, under the arrangement, 42 individuals have already been involuntarily repatriated into Ghana from the United States and detained under armed military custody at the Bundase Military Training Camp.
The detainees were allegedly held for weeks without charge, access to lawyers, or basic facilities.
The group insists that detaining civilians and asylum seekers in a military facility is a gross violation of Articles 14, 15, and 19 of the Constitution, which guarantee liberty, human dignity, and fair trial rights. It described the treatment of the deportees as “inhumane and degrading.”
Democracy Hub further argues that the MOU makes Ghana complicit in ‘chain refoulement’, a process where refugees are indirectly returned to danger through a third country, contrary to peremptory norms of international law known as jus cogens.
The organization maintains that even if Parliament were to ratify the deal, it would still be unconstitutional, as the Constitution does not allow Ghana to enter into agreements that violate fundamental human rights or international law.
“The Constitution is not a suicide pact. No government has the authority to secretly contract Ghana out of its human rights obligations,” the group said in its statement.
Democracy Hub says the legal action is aimed at protecting not only the individuals affected but also Ghana’s democratic integrity, constitutional supremacy, and reputation as a state governed by the rule of law.
