Deported Individuals Sue Ghana Over Alleged Unlawful Detention in US-Initiated Deportation Agreement

In a significant legal development, eleven individuals deported from the United States to Ghana last month have initiated a lawsuit against the Ghanaian government. They claim they were unlawfully detained in a military facility upon arrival. This legal case emerges amid a complex wave of deportations that have reportedly dispersed individuals across neighboring African states, with the deportees hailing from several West African nations but not from Ghana itself.

The lead attorney, Oliver Barker-Vormawor, disclosed that 14 deportees arrived in Ghana on September 6. Shortly thereafter, three were deported from Ghana, and eleven were detained in a military camp. He noted that ten of these were subsequently deported again, even as court proceedings were ongoing, with eight now reportedly residing in Togo. The deportations were part of a “third country deportation” agreement between the United States and Ghana established earlier this year. Reacting to this, Ghana’s parliamentary minority has demanded a halt to the agreement, accusing the government of bypassing necessary legislative approval and thus violating Article 75 of the constitution in a manner that challenges the authority of the Supreme Court. More insights into these events are detailed in JURIST.

In defense of the deal, Ghana’s Foreign Minister, Samuel Okudzeto Ablakwa, emphasized that it was motivated by humanitarian concerns and a sense of Pan-African solidarity. Nonetheless, there are suggestions that this move might also be aimed at persuading the United States to lift existing travel restrictions on Ghanaian nationals. This aligns with broader US immigration policy shifts, particularly after the US Supreme Court permitted the Trump administration in July to formalize third-country deportation agreements with various countries, such as Costa Rica, Mexico, and Uganda, among others.

The deportees, who are part of this lawsuit, allege harsh treatment during their expulsion from the US, including being shackled, restrained, and flown without adequate notice or a proper hearing, actions that numerous international bodies have condemned. These organizations warn that the policy could cause significant harm and evade governmental accountability. The unfolding legal challenges and political ramifications reflect a broader concern about the treatment of deportees and the implications of international deportation deals.