The Supreme Court of Ghana has ordered the Attorney General and civil society group Democracy Hub to submit written statements within one week, explaining why the Ghana-U.S. deportation agreement should or should not be made public. The apex court has scheduled November 26, 2025, to deliver its ruling on the matter.
The directive follows a constitutional challenge filed by Democracy Hub, which contends that the agreement signed between Ghana and the United States—during the Trump administration—violates the 1992 Constitution and undermines Ghana’s sovereignty.
Background of the Case
Democracy Hub initiated legal action seeking to:
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Injunct the government from implementing the deportation agreement; and
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Compel disclosure of the agreement’s full details under the Right to Information (RTI) provisions.
The group argues that the deal facilitates the deportation of West African nationals from the U.S. to Ghana without proper legal justification or public transparency.
The Supreme Court panel presiding over the case includes:
Justice Gabriel Scott Pwamang (Presiding), Justice Ernest Yao Gaewu, Justice Richard Adjei-Frimpong, Justice Senyo Dzamefe, and Justice Hafisata Amaleboba.
Attorney General Challenges the Basis of the Suit
During the hearing, Deputy Attorney General Justice Srem-Sai contended that the application by Democracy Hub lacked evidential foundation, arguing it was based entirely on media reports rather than concrete documents.
However, some members of the five-member panel disagreed, emphasizing that the existence of the agreement was a “notorious fact” known to the public.
The court noted that Democracy Hub could have first applied for the document through the Attorney General’s Office or the Ministry of Foreign Affairs under the RTI Act, before filing suit.
Court’s Directive and Next Steps
The court has now directed both parties to file written submissions within one week, specifically addressing whether the deportation agreement between Ghana and the United States should be disclosed to the public.
A final ruling on the application is set for November 26, 2025.
Democracy Hub Reacts: ‘We’re Assisting the Court to Find Justice’
Speaking to JoyNews after the hearing, Oliver Barker-Vormawor, Convener of Democracy Hub and lawyer representing some affected deportees, said the group’s goal is to aid the court in achieving justice and transparency.
“The duty of counsel is to continue to assist the Supreme Court in arriving at these decisions,” he stated.
“Written submissions allow us to argue the law and show why, in similar cases, the court ordered the Attorney General to discover and disclose agreements they hold.”
Barker-Vormawor also noted inconsistencies in the government’s descriptions of the deal:
“The Attorney General themselves seem uncertain about what this is. They have at different times referred to it as a memorandum, an understanding, and now an arrangement. That is why we are asking the court to clarify what exactly we are dealing with.”
Concerns Over Ongoing Deportations
Despite the ongoing legal process, Barker-Vormawor expressed serious concern over continued deportations being conducted under the disputed agreement.
“We can’t force the court’s hand, but we are deeply concerned about the persistent human rights violations happening in connection with this,” he said.
“We filed this case in October, and now we are almost in December, yet deportations continue. People are being treated in ways that do not meet the standards of the Republic.”
He added that Democracy Hub hopes the Supreme Court’s eventual decision will bring justice and relief to those affected.
