Eleven West African nationals from countries including Nigeria, Liberia, Togo, The Gambia, and Mali have filed a legal action at the Human Rights Division of the High Court in Accra against the government of Ghana, alleging unlawful detention.
The applicants, who were previously held in immigration detention in the United States and granted protection against removal by U.S. immigration courts, claimed their fundamental human rights have been violated.
The applicants per the application are seeking for the enforcement of fundamental human rights sued the Attorney General, the Chief of Defence Staff and the Comptroller General of the Ghana Immigration Service.
In a writ for “Habeas Corpus Ad Subjiciendum” a Latin phrase, the Applicants are seeking a formal order that requires the Respondents holding the Applicants in custody to produce the detainee before a court and justify the detention, filed ex-parte is to be moved on Thursday, September 19.
In essence, Habeas Corpus Ad Subjiciendum is a legal remedy that protects individuals from unlawful detention or imprisonment. It allows the court to review the circumstances of the detention and determine whether it’s lawful or not.
According to the affidavit filed in support of their “Habeas Corpus Ad Subjiciendum,” ex-parte, they said they were secretly removed from U.S. detention centers on September 5-6, 2025, shackled, and transported to Ghana without notice or explanation.
They argued that, upon arrival, they were handed over to Ghanaian authorities, and have been detained in a suspected military facility without due process or judicial oversight.
Allegations of Human Rights Violations
The applicants claimed their detention violates Article 14(1) of Ghana’s 1992 Constitution, which guarantees personal liberty and protection from arbitrary arrest and detention.
They also alleged that their rights to administrative justice, due process, and non-refoulement have been undermined by the circumstances of their detention and potential deportation.
The action initiated by their lawyers led by Oliver Barker-Vormawor, at least eight of the applicants have been granted Withholding of Removal or Deferral of Removal under the Convention Against Torture (CAT) by U.S. immigration judges, prohibiting their removal to their countries of nationality due to the risk of torture, persecution, or inhumane treatment.
The applicants are seeking enforcement of their fundamental human rights under Article 33(1) of the Constitution, 1992, and are praying the court to afford them urgent and effective protection consistent with Ghana’s constitutional and international obligations
