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Minority calls for suspension of the Ghana-US agreement on third-Part Deportees

The Minority in Parliament is unhappy with Ghana's foreign Policy handling following recent developments regarding the Ghana-US agreement on third-Part Deportees, as well as developments in Gaza.

Date Created : 9/25/2025 : Story Author : Ghanandistricts.com

At a press briefing on Wednesday, addressed by Samuel Abdulai Jinapor, the Ranking Member on the Foreign Affairs Committee, and the Member of Parliament for Damongo, the Minority called 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.

"We further urge Government to provide full clarity on the processes, safeguards, and other broader implications associated with receiving these deportees, including the measures, if any, that have been taken to protect Ghana’s security interests".

Explaining the reason behind their call, Mr Jinapor said the agreement between the Government of Ghana and the United States of America to receive into our country third-country nationals deported from the United States is in violation of the 1992 constitution as it was not ratified by Parliament.

"Article 75 of our national Constitution is unequivocal on these matters. This article forms part of the set of provisions governing the role of the Executive arm of government in Ghana’s international relations. It provides that every treaty, agreement, or convention executed by or under the authority of the President must be laid before Parliament for ratification. The framers of our national Constitution considered this a safeguard against unilateral commitments that could affect the sovereignty, security, or international standing of Ghana.

As far back as 2013, during the first term of this Government, the Supreme Court affirmed in the case of Republic v High Court (Commercial Division), Accra; ex parte, Attorney-General (NML Capital & Republic of Argentina-Interested Parties) [2013-2014] SCGLR 990 that any international treaty, agreement or convention that is not ratified by Parliament is of no binding effect in the Republic."

Again they argued that the fact that the Minority members on the Foreign Affairs Committee had to learn of this development in the media is very concerning, and is consistent with attempts by the Executive to disregard the other arms of Government.

"We have learnt that some of these foreign nationals are being held in detention centres against their wishes, and have gone ahead to institute legal action against Government for the breaches of their fundamental human rights.

Despite these actions and genuine concerns being raised by the international media, we are told that some forty (40) more people are due to arrive in the country pursuant to this same unconstitutional agreement."

They also take a swipe at the Minister for Foreign Affairs for his comment to the effect that the agreement with the United States is a Memorandum of Understanding, and would require Parliamentary approval only when it is “elevated” to the status of an agreement.

"We wish to remind the Hon. Minister that the Constitution makes no distinction between formal agreements and Memorandum of Understanding. As held by the Supreme Court in the Banful case, the provision even covers agreements reached by Note Verbales. The attempt by the Minister to downplay this agreement in the face of this clear provision of the Constitution is very disturbing", he added.

In the face of all these, the Minority found it deeply concerning that the Government continues to operationalize the agreement with the United States despite this flagrant constitutional breaches; sating that such conduct reflects a lack of respect for the rule of law, which is one of the fundamental pillars of our constitutional democracy; and insists that the government halts the process and refer the agreement to parliament.

POLITICS

Minority calls for suspension of the Ghana-US agreement on third-Part Deportees

Date Created : 9/25/2025 : Story Author : Ghanandistricts.com

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