The Supreme Court has directed the Attorney General and pressure group, Democracy Hub, to file written statements within one week explaining why the government’s deportation agreement with the United States should or should not be disclosed.
The court has set November 26, 2025, to rule on the application.
This followed an action filed by Democracy Hub, challenging the constitutionality of the agreement between Ghana and the USA for the deportation of some West African nationals to Ghana, which the group contended is unconstitutional.
The group also filed an application to injunct the implementation of the agreement and sought the Supreme Court to compel the government to release its agreement with the Trump administration regarding the deportation of West African nationals to Ghana.
The panel hearing the case included Justice Gabriel Scott Pwamang (Presiding), Justice Ernest Yao Gaewu, Justice Richard Adjei-Frimpong, Justice Senyo Dzamefe, and Justice Hafisata Amaleboba.
In court, Deputy Attorney General Justice Srem-Sai argued that the entire case filed by Democracy Hub was based solely on media reports without substantive evidence.
However, some members of the panel disagreed, noting that the existence of the agreement is public knowledge and constitutes a “notorious fact.”
The court observed that Democracy Hub could have first applied for the document through the Attorney General or the Minister of Foreign Affairs under the Right to Information (RTI) Act.
The Supreme Court directed both parties to submit written arguments within one week on whether the agreement should be disclosed.
Speaking to JoyNews correspondent Kwaku Asante after the hearing, Convener of Democracy Hub and lawyer for some of the deportees, Oliver Barker-Vormawor, said their focus is to assist the court in arriving at a just decision.
“The duty of counsel is to continue to assist the Supreme Court in arriving at these decisions. Written submissions allow us to argue the law and to show why the court, in previous decisions and similar circumstances, ordered the Attorney General to discover and disclose the agreements they hold,” he explained.
“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 provide clarity on what exactly we are dealing with.”
Mr. Barker-Vormawor expressed concern over ongoing deportations carried out under the disputed agreement.
“We can’t force the court’s hand, unfortunately, but we are deeply concerned about the persistent human rights violations happening in connection with this. As you are aware, we filed this matter in October, and now we are almost in December. Yet the government continues to implement the agreement with rapid force,” he said.
“We are seeing people being deported and treated in ways that do not meet the standards of the Republic. Our hope is that when the court eventually considers this matter, those affected will find justice, and that no other person, whether a West African or otherwise, will be subjected to this kind of treatment.”
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