The Labour Division of the High Court in Accra has set Tuesday, September 23, to hear two ex-parte applications from eleven West African nationals, who have sued the government of Ghana over their deportation from the United States, alleging unlawful detention.
The two applications, includes an interim injunction seeking to stop their deportation to their respective countries by the government of Ghana, and another one for Habeas Corpus, which is asking the government to produce the detainees before a court and also justify their detention.In court on Thursday, September 18, the court presided over Justice Pricilla Dikro said that she would need time to review the two applications before considering them, while
Counsel Oliver Barker-Vormawor, told the court it was a matter of urgency for the release of the applicants, saying that they have been in unlawful detention.
The defense lawyer, informed the court that President John Mahama had indicated the detainees would be deported to their respective countries, in a statement confirmed by the Minister for Foreign Affairs.The interim injunction aims to restrain the deportation process, while the Habeas Corpus application seeks to compel the government to produce the detainees in court.
The applicants are, Daniel Osas Aigbosa, Ahmed Animashaun, Ifeanyi Okechukwu (Nigerian National) and Taiwo K. Lawson, all from Nigeria. Kalu John, a Liberian National, Zito Yao Bruno, Agouda Richarla Oukpedzo Sikiratou, from Togo. The rest are Sidiben Dawda a Gambian National, Toure Dianke and Boubou Gassama who are Malians.
The 11 applicants filed the applications at the Human Rights Division of the High Court in Accra, against the government of Ghana, challenging the alleged unlawful detention.
They were previously held in immigration detention in the United States and granted protection against removal by U.S. immigration courts, but claimed their fundamental human rights have been violated.
The applicants, are seeking currently the enforcement of their fundamental human rights and have sued the Attorney General, the Chief of Defence Staff, and the Comptroller General of the Ghana Immigration Service.
In a writ for “Habeas Corpus Ad Subjiciendum,” (a legal remedy that protects individuals from unlawful detention or imprisonment. It allows the court to review the circumstances of the detention and determine whether it is lawful or not) the applicants are requesting a formal order to the above named respondents who is allegedly holding the eleven deportees in custody, to produce them before a court and justify their detention.
The writ, filed ex-parte (without notice to respondents) was heard virtually on Thursday, September 19.
According to the affidavit filed in support of their writ, the applicants claim they were secretly removed from U.S. detention centers on September 5–6, 2025, shackled, and transported to Ghana without notice or explanation.
They argued that, upon arrival, they were handed over to Ghanaian authorities and have been detained in a suspected military facility without due process or judicial oversight.
Allegations of Human Rights Violations
The applicants claimed their detention violates Article 14(1) of Ghana’s 1992 Constitution, which guarantees personal liberty and protection from arbitrary arrest and detention. They also alleged that their rights to administrative justice, stipulated under Article 23 of the 1992 Constitution for due process, and non-refoulement(the practice of not forcing refugees or asylum seekers to return to a country in which they are liable to be subjected to persecution) have been undermined by the circumstances surrounding their detention and potential deportation.
According to their legal representatives led by Oliver Barker-Vormawor, at least eight of the applicants have been granted Withholding of Removal or Deferral of Removal under the Convention Against Torture (CAT) by U.S. immigration judges, prohibits their removal to their countries of nationality due to the risk of torture, persecution, or inhumane treatment.
The applicants are seeking enforcement of their fundamental human rights under Article 33(1) of the 1992 Constitution and are praying the court to afford them urgent and effective protection consistent with Ghana’s constitutional and international obligations.
The court adjourned the case to September 23 to hear the two interim applications. The substantive matter, which concerns the enforcement of the applicants’ fundamental human rights, will be considered after the ex-parte applications are determined.