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Eleven (11) West African nationals from countries including Nigeria, Liberia, Togo, The Gambia, and Mali have taken legal action against the government of Ghana, alleging unlawful detention after being deported from the United States.
The applicants, who were previously held in immigration detention in the US but secured protection against removal by American immigration courts, argue that their fundamental rights have been violated.
According to a report by Starrfm.com.gh, the lawsuit has been filed at the Human Rights Division of the High Court in Accra. The applicants are seeking the enforcement of their constitutional rights and have named the Attorney General, the Chief of Defence Staff, and the Comptroller General of the Ghana Immigration Service as respondents.
The Habeas Corpus Application
In a writ for Habeas Corpus Ad Subjiciendum, a legal order requiring authorities to produce detained individuals before a court and justify the detention, the applicants are demanding their release. The ex-parte application is expected to be moved on Thursday, 19 September.
In legal terms, Habeas Corpus Ad Subjiciendum serves as a fundamental safeguard against arbitrary detention, allowing courts to review the lawfulness of a person’s confinement.
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Alleged Secret Deportation and Detention
President Donald Trump via Evan Vucci / AP and President John Mahama via .facebook.com/JDMahama/photos
An affidavit filed in support of the application claims that the applicants were secretly removed from US detention centres between 5 and 6 September 2025. They allege they were shackled, flown to Ghana without notice, and handed over to Ghanaian authorities upon arrival. Since then, they claim, they have been held in what they suspect is a military facility, without due process or judicial oversight.
Allegations of Human Rights Violations
The applicants argue that their detention breaches Article 14(1) of Ghana’s 1992 Constitution, which guarantees personal liberty and protection against arbitrary arrest. They also contend that their rights to administrative justice, due process, and the principle of non-refoulement, which prohibits returning individuals to countries where they face torture or persecution, have been disregarded.
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Their legal team, led by Oliver Barker-Vormawor, noted that at least eight of the detainees had previously been granted “Withholding of Removal” or “Deferral of Removal” under the US Convention Against Torture (CAT). This status, issued by immigration judges, prohibits their deportation to their home countries due to risks of persecution, torture, or inhumane treatment.