Mahama gov’t of breaching Constitution over US Deportee Deal – Minority

• Posted on September 24, 2025September 24, 2025
• by Nana Kwesi Coomson
• Comment

The Minority Caucus on Parliament’s Foreign Affairs Committee has accused the government of violating the Constitution by agreeing to accept third-country nationals deported from the United States without parliamentary approval.

Speaking at a press conference on Tuesday, the caucus said the arrangement breaches Article 75 of the 1992 Constitution and undermines Ghana’s sovereignty.

Samuel Abu Jinapor, Ranking Member on the Committee, noted that the Supreme Court has already ruled in cases such as Banful v Attorney-General that all international agreements, including memoranda of understanding and diplomatic notes, require parliamentary ratification.

“The government’s conduct in operationalising this agreement without parliamentary ratification is a direct constitutional violation of Article 75 and an affront to the authority of the Supreme Court,” he stated.

The caucus recalled similar controversies in 2016 when the Mahama administration accepted two Guantanamo Bay detainees without parliamentary approval.

“It is, therefore, surprising that the current government, which superintended over this unconstitutional act, would once again enter into a similar agreement,” the group argued.

They also revealed that some of the deportees are being held against their will in detention centres and have taken legal action against the government for breaches of their fundamental human rights.

“Despite these concerns, we are told that some 40 more people are due to arrive in the country pursuant to this same unconstitutional agreement,” Hon. Jinapor disclosed.

The Minority demanded the immediate suspension of the arrangement until Parliament has exercised its constitutional mandate.

“We urge government to provide full clarity on the processes, safeguards, and implications associated with receiving these deportees, including measures to protect Ghana’s security interests,” the caucus stressed.