Recent West African deportees are at the center of strong objections raised by the minority in Parliament against the government’s memorandum of understanding with the United States, which they argue breaches constitutional requirements.
According to the group, Article 75 of the 1992 Constitution is clear that every treaty, agreement, or convention executed by or under the authority of the president must be laid before Parliament for ratification. They insist the agreement with Washington violates this constitutional safeguard.
The minority recalled that in 2016, the government entered into an agreement with the United States to receive Guantanamo Bay inmates without parliamentary approval, a move later declared unconstitutional by the Supreme Court. They argued that the then Attorney General defended the action by claiming the agreement with the United States did not fall under Article 75, arguing it was not a “solemn form” agreement but rather one concluded through “mere diplomatic notes.”
However, the Supreme Court dismissed this position and ruled that every international agreement, no matter its form, requires parliamentary approval.
They expressed disappointment that the government is repeating the same act condemned by the Supreme Court nearly a decade ago. They argued that entering into a new MoU with the United States without parliamentary ratification undermines the rule of law.
“It is surprising that the current government, which superintended over this unconstitutional act, which was pronounced upon by the supreme court, will once again enter into a similar agreement with the same United States of America and proceed to receive foreign nationals into our country, pursuant to the said agreement, without regard to the clear constitutional requirement to seek parliamentary ratification,” the Minority stated.
Reports indicate that some of the deportees are being held against their will in detention centres and have initiated legal action against the Ghanaian government for breaches of their human rights. Despite this, about 40 more deportees are expected in the country under the MoU.
The Minority said the Minister for Foreign Affairs has described the arrangement as a memorandum of understanding that will only need parliamentary approval when elevated to the status of an agreement. But they dismissed that claim, insisting that “the constitution makes no such distinction between formal agreements and memorandum of understanding.”
Addressing the press, they warned that Ghana’s sovereignty, security, and diplomatic standing are all at risk, stressing that the government’s conduct raises grave concerns, and warns of serious foreign policy implications for Ghana. They stressed that the agreement undermines Ghana’s historic reputation for principled diplomacy and non-alignment.
They cautioned that hosting West African deportees from the United States could damage Ghana’s image across the continent and associate the country with immigration policies widely described as harsh and discriminatory.
“The decision to serve as a receiving point for West African deportees against their wishes with emphasis from the United States, risks our country being perceived as aligning itself with the United States government’s current immigration enforcement regime, one which has been criticized as harsh and discriminatory,” the Minority stated.
Reiterating their call for government to suspend the agreement, they emphasized the importance of Parliament’s role in ratifying international commitments. The Minority said until proper constitutional procedures are followed, implementing the MoU is unconstitutional and exposes the country to significant risks.
