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Minority Raises Alarm Over Ghana–US Deportee Agreement, Calls It Unconstitutional and Threat to Foreign Policy

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By Felix Cofie

The Minority Caucus on the Foreign Affairs Committee of Parliament has expressed deep concern over revelations that Ghana has entered into an agreement with the United States to serve as a receiving point for nationals of other West African countries deported from the US.

According to the Caucus, reports indicate that 14 deportees have already been received in Ghana under the deal—an arrangement they describe as a serious breach of constitutional process, a threat to Ghana’s sovereignty, and a dent on the country’s foreign policy standing.

Constitutional Breach Cited

In a statement signed by the Ranking member on the Foreign Affairs Committee Samuel Abu Jinapor, the Minority pointed to Article 75 of the 1992 Constitution, which requires that any treaty, agreement, or convention entered into by the President must be laid before Parliament for ratification.

Quoting Supreme Court precedents, including Banful v Attorney-General (2017–2020) and Brogya Gyamfi v Attorney-General (2020), the Caucus argued that even agreements not signed but executed through note verbales fall within the scope of this constitutional provision.

“It is surprising that the current government, whose similar actions during its 2013–2017 administration led to landmark Supreme Court rulings, would blatantly defy this constitutional requirement,” the Minority noted.

They recalled the controversial admission of two Yemeni terror suspects into Ghana during the Mahama administration in 2016, which the Supreme Court later ruled unconstitutional.

Foreign Policy Concerns

Beyond constitutional breaches, the Minority warned that the agreement undermines Ghana’s long-standing foreign policy principles of non-alignment, regional solidarity, and respect for human rights.

They argued that the deal risks positioning Ghana as an enabler of what critics describe as the US’ harsh and discriminatory immigration policies.

“The ECOWAS Protocol on Free Movement concerns voluntary travel, not forced deportations orchestrated by a non-ECOWAS State,” the statement emphasized.

Demands from Government

The Minority Caucus has called on government to:
• Disclose the timeline of when the agreement with the US was reached.
• Clarify whether it was ever laid before Parliament for ratification.
• Suspend implementation of the deal until Parliament exercises its constitutional mandate.
• Provide details on safeguards and security measures taken to protect Ghana’s national interest.
• Commit that no future agreements of this nature will be operationalized without prior Parliamentary approval.
“We will continue to hold Government accountable in the conduct of foreign policy and in all matters affecting the welfare and sovereignty of our people,” the Caucus assured.

Statement:

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