Ghana Sued Over Alleged Unlawful Detention

Eleven West African nationals, deported from the United States to Ghana earlier this month, have filed a lawsuit against the government of Ghana, alleging unlawful detention.

The group, which includes citizens of Nigeria, Liberia, Togo, The Gambia, and Mali, has taken their case to the Human Rights Division of the High Court in Accra.

Their lawyer, Oliver Barker-Vormawor, argues that the deportees have not violated any Ghanaian law and are being held in a military facility without due process. He is asking the court to compel the government to produce the detainees and justify their continued detention.

In their filing, the applicants have sued the Attorney General, the Chief of Defence Staff, and the Comptroller General of the Ghana Immigration Service. They are seeking the enforcement of their fundamental human rights under Article 33(1) of the 1992 Constitution, which protects personal liberty and prohibits arbitrary arrest or detention.

The case centres on a “Habeas Corpus Ad Subjiciendum” application, a legal remedy that requires the state to present detainees before a court and prove the legality of their detention. This application is scheduled to be heard on Thursday, September 19, 2025.

According to court papers, the deportees were secretly removed from US immigration detention facilities between September 5 and 6. They claim they were shackled and flown to Ghana aboard a military cargo aircraft without prior notice or explanation. Upon arrival, they were handed over to Ghanaian authorities and taken to what is believed to be a military camp.

Human Rights Concerns

The applicants argue that their detention violates Article 14(1) of Ghana’s Constitution, which guarantees personal freedom. They also say their rights to administrative justice, due process, and non-refoulement have been undermined. Non-refoulement is an international principle that prevents countries from returning individuals to places where they face torture, persecution, or inhumane treatment.

Lawyers for the applicants further revealed that at least eight of the detainees had been granted Withholding of Removal or Deferral of Removal under the US Convention Against Torture (CAT). These rulings by American immigration judges prohibited their deportation to their home countries, citing serious risks to their safety.

Government Position

The Ghanaian government has yet to comment directly on the lawsuit. However, officials previously stated that Ghana had agreed to accept some deportees from the US under a bilateral arrangement. Foreign Minister Samuel Okudzeto Ablakwa defended the decision, saying it was based on “humanitarian principle and pan-African empathy,” and not an endorsement of US immigration policies.

Opposition MPs have strongly criticised the deal, demanding its suspension until it is formally approved by parliament. They argue that Ghana must not undermine its own laws or international obligations.

The case highlights wider tensions over the US’s strict immigration stance under President Donald Trump, who vowed mass deportations of undocumented migrants. Similar deportations have taken place to Rwanda, Eswatini, South Sudan, Jamaica, Vietnam, and Laos.

Source: BBC