Chaos erupted at the VICSEM Hotel in Ogbojo on Tuesday afternoon when officers from the Ghana Immigration Service (GIS) attempted to forcibly remove a group of deportees recently returned from the United States.

Eyewitnesses said the officers arrived in vehicles and tried to move the deportees from the hotel where they had been lodged since their arrival. Viral videos from the scene show a woman being dragged on the floor into a waiting vehicle, drawing public outrage on social media.

The purpose of the removal remains unclear, but the action appears linked to efforts to relocate the returnees from the facility.

The deportees form part of an ongoing repatriation arrangement between Ghana and the United States under a Memorandum of Understanding (MOU) first established during the administration of former U.S. President Donald Trump.

Government officials have maintained that the agreement is legally binding but does not require parliamentary approval, distinguishing it from treaties or defence pacts. They have also defended Ghana’s acceptance of the deportees as a humanitarian gesture, citing reports of harsh treatment faced by Ghanaians abroad.

The incident, however, has reignited political debate over the repatriation policy. The Minority in Parliament had earlier accused the government of bypassing parliamentary oversight in accepting 14 deportees under the same arrangement.

Public concern has further grown following a statement by Foreign Affairs Minister Samuel Okudzeto Ablakwa that Ghana expects to receive an additional 40 West African deportees from the United States.

Human rights lawyer Oliver Barker-Vormawor, who represents some of the returnees, has accused the government of facilitating the deportation of individuals to countries where their lives are in danger. He argues that the U.S. government could not deport these persons directly because they were granted protection on the grounds of a “genuine fear of persecution.”

By accepting them, he says, Ghana has effectively become an intermediary in the deportation process.

Months ago, the Ghana Immigration Service (GIS) launched a major operation to curb the growing number of foreign street beggars in Accra, leading to the arrest of more than 2,000 individuals across the city.

The exercise, carried out on Friday, May 16, 2025, resulted in the apprehension of 2,241 foreign nationals, including 384 adult males, 577 male children, 525 adult females, and 755 female children.

Assistant Commissioner of Immigration and Head of Public Affairs, Mike Amoako-Atta, told TV3 that those arrested were undergoing profiling and medical screening before being relocated.

“The GIS clinic is attending to them, and after the medical checks, a team undertakes the profiling before they are transported to their various destinations. We also review their documentation to determine how they entered the country and whether their stay is legal,” he explained.

He emphasized that the Service remained committed to upholding its core values, particularly in safeguarding human rights during the operation. He added that special care was taken to ensure that families were not separated.

“We are not removing children who are not accompanied by their parents, and we are ensuring that family units remain together,” he stated.

The GIS operation followed rising concerns about the increasing number of foreign beggars in Accra, many of whom occupy traffic intersections, markets, and busy commercial areas. Authorities say the development poses humanitarian and security challenges, prompting coordinated enforcement efforts.

Months ago, Ghana entered into a Memorandum of Understanding (MoU) with the United States titled “Memorandum of Understanding on Repatriation and Temporary Hosting of West African Nationals.” The agreement allows Ghana to accept deportees and temporarily host certain West African nationals deported from the United States, including individuals who may not be Ghanaian citizens.

By October 2025, reports indicated that 42 deportees had been dropped off in neighbouring countries such as Togo and Nigeria, raising serious human rights concerns about their safety and legal status.

The United States has pursued similar third-country deportation deals with other African nations, including Eswatini, South Sudan, Rwanda, and Uganda.

However, the Ghanaian government’s failure to submit the MoU to Parliament has sparked criticism from legal experts, opposition figures, and civil society groups, who accuse the Executive of disregarding constitutional requirements.

Article 75 of the 1992 Constitution stipulates that the President may execute treaties, agreements, or conventions in Ghana’s name, but such instruments must be ratified either by an Act of Parliament or by a parliamentary resolution supported by a majority of Members of Parliament.

This means the President cannot unilaterally bind Ghana to any international treaty or agreement without parliamentary approval.

Legal experts point to past Supreme Court decisions that interpret what qualifies as an international agreement under Article 75. In the case of Margaret Banful and Henry Nana Boakye v. The Attorney-General, the Court, presided over by Chief Justice Sophia Akuffo, ruled that any document binding Ghana to obligations with another country constitutes an international agreement requiring parliamentary ratification.

Similarly, in Yaw Brogya Gyamfi v. The Attorney-General, Justice Marful-Sau held that even an unsigned Defence Cooperation Agreement between Ghana and the United States created legal obligations and thus required parliamentary approval.

Based on these precedents, legal observers argue that the Ghana-US deportee MoU imposes obligations on Ghana to accept and host certain deportees, effectively making it an international agreement under Article 75. Critics say the government breached procedure by not presenting the MoU to Parliament for ratification.

Foreign Affairs Minister Samuel Okudzeto Ablakwa has defended the arrangement, describing it as a humanitarian initiative rooted in pan-African solidarity rather than financial or political gain.

Speaking at the Government Accountability Series in Accra on September 15, 2025, he said:

“Ghana has not received and does not seek any financial compensation or material benefit in relation to this understanding. Our involvement is purely by humanitarian principles and pan-African solidarity, not transactional interests.”

He also clarified that the arrangement is a Memorandum of Understanding, not a treaty, emphasizing that Ghana retains the right to independently vet each deportee’s background before acceptance.

Legal Challenge Before the Supreme Court

The civil society group Democracy Hub, led by activist and lawyer Oliver Barker-Vormawor, has filed a petition at the Supreme Court challenging the legality of the government’s agreement with the U.S.

The group argues that the arrangement violates Article 75 of the 1992 Constitution because it was not ratified by Parliament. Democracy Hub has also filed for an interlocutory injunction to halt the implementation of the MoU until the case is decided.

A hearing scheduled for October 22, 2025, was adjourned after the Attorney-General’s Department failed to respond to the application. The Supreme Court has since directed the Attorney-General to file a response within two weeks ahead of the next hearing on November 12, 2025.