Ranking Member on the Foreign Affairs Committee of Parliament, Mr Samuel A. Jinapor
The New Patriotic Party (NPP) Minority Caucus in Parliament has raised a red flag over what it described as a secret agreement between the Government of Ghana and the Trump administration to make Ghana a receiving point for West African nationals deported from the United States of America.
Credible reports, according to the Minority group, indicate that 14 deportees have already been received in Ghana under this arrangement.
This development, the Minority pointed out, breaches the Constitution and threatens Ghana’s sovereignty and foreign policy standing.
Raising the concerns, the Ranking Member on the Foreign Affairs Committee of Parliament, Mr Samuel A. Jinapor, quoted Article 75 of the 1992 Constitution and argued that no treaty, agreement, or convention executed by or under the authority of the President can take effect unless laid before Parliament and ratified.
“The purported agreement with the United States clearly falls within the scope of Article 75 of our Constitution, as it imposes specific obligations on Ghana regarding such deportees,” Mr. Jinapor reiterated.
He cited landmark Supreme Court rulings in Banful v. Attorney-General and Brogya Gyamfi v. Attorney-General as binding precedents that affirm Parliament’s role in approving such agreements.
“It is, therefore, surprising that the current government, whose similar actions during its 2013–2017 administration led to the landmark Supreme Court decisions, will blatantly defy this constitutional provision and go ahead to receive foreign nationals pursuant to this agreement,” the Ranking member stated.
Mr Jinapor who is also the Member of Parliament (MP) for Damongo drew parallels with the controversial 2016 case in which the previous Mahama administration admitted two Yemeni terror suspects from Guantanamo Bay without parliamentary approval, a decision the Supreme Court later ruled unconstitutional.
“This latest move repeats the same constitutional disregard that the court struck down in the GITMO 2 case. Government has clearly learned no lessons,”Mr Jinapor noted.
He warned that Ghana’s international reputation and national security could suffer as a result of the deal.
“While regional integration remains a core value of our foreign policy, it cannot be stretched to justify the forced reception of foreign nationals deported from other countries,” Mr Jinapor argued.
He emphasised that the ECOWAS Protocol on Free Movement deals with voluntary travel, not forced deportations by non-ECOWAS states.
“Ghana has, over decades, built a proud reputation for principled diplomacy rooted in non-alignment, regional solidarity, and respect for human rights. To serve as a receiving point for U.S. deportees risks aligning us with immigration policies that are widely criticised as harsh and discriminatory,” Mr Jinapor emphasised.
Full disclosure on the deal
Mr Jinapor demanded immediate government disclosure of when the agreement was reached, whether it has been laid before Parliament, and what safeguards are in place.
Ghanaian people, he said, deserve transparency and accountability on a matter that so directly implicates the nation’s sovereignty, her constitutional order, and her foreign policy.
Mr Jinapor called for an immediate suspension of the agreement until Parliament exercises its mandate.