Audio By Carbonatix
The Minority on Parliament’s Foreign Affairs Committee has accused the government of betraying Ghana’s Constitution and sovereignty by secretly agreeing with the United States to accept deported West African nationals.
The issue came to light when President John Mahama, at his Presidential Media Encounter, confirmed that 14 individuals—mostly Nigerians and a Gambian national—had already been flown into the country.
“We were approached by the US to accept third-party nationals who were being removed from the US, and then we agreed with them that West African nationals were acceptable, because all our fellow West Africans don’t need a visa to come to our country.
"So if they decided to travel from the US to Accra, they don’t need a visa anyway. So if you are bringing our colleague West Africans back, that’s okay,” the President explained.
But the Minority has rejected the move, describing it as a constitutional breach.
In a statement signed by Samuel Abdulai Jinapor, MP for Damongo and Ranking Member on Foreign Affairs, the caucus said, “This revelation raises serious constitutional, sovereignty, and foreign policy concerns which cannot be overlooked.”
Quoting Article 75 of the Constitution, the Minority reminded government that all agreements with foreign states must be 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.
"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 statement drew sharp parallels with the 2016 Guantanamo Bay controversy when the Mahama administration admitted two Yemeni terror suspects without parliamentary approval.
“In 2016, the then Mahama administration, during its first term, admitted into Ghana without parliamentary approval, two Yemeni terror suspects, Muhammed Al-Dhuby and Muhammed Bin-Atef, who had been in U.S. custody for 14 years in Guantanamo Bay.
"This incident, which generated significant national controversy, was widely reported in the media, including Joy News, which published an article titled ‘Supreme Court: Mahama erred in bringing GITMO 2 to Ghana.’”
The Minority also warned that the U.S. deportee arrangement undermines Ghana’s sovereignty and contradicts ECOWAS principles.
“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.
"The ECOWAS Protocol on Free Movement concerns voluntary travel, not forced deportations orchestrated by a non-ECOWAS State.”
On the global stage, the caucus fears Ghana’s image is at risk.
“The decision to serve as a receiving point for West African deportees from the United States risks our country being perceived as aligning itself with the US Government’s current immigration enforcement regime, one which has been criticised as harsh and discriminatory.
"To associate Ghana with such policies could have several negative implications for our country.”
The Minority is demanding full disclosure.
“Government must disclose when exactly this agreement was reached with the United States, and further clarify whether it has been duly laid before Parliament and ratified in accordance with Article 75 of the Constitution and the binding precedent of Banful v Attorney-General.
"If this has not been done, the Government must explain why it has proceeded to operationalise the agreement in blatant disregard of the Constitution and the authority of the Supreme Court.”
They have further called for an immediate suspension of the deal. “We call on the Government to suspend, with immediate effect, the unconstitutional implementation of this agreement until Parliament has duly exercised its constitutional mandate to ratify same.”
The statement concluded with a firm pledge: “As always, we, the Minority Members on the Foreign Affairs Committee of Parliament, remain firmly committed to upholding the integrity of our nation and safeguarding her interests, both at home and abroad. 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.”
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