Supreme Court to rule on public disclosure of Ghana–US MoU on December 17

The Supreme Court of Ghana has pushed back its decision on whether a controversial Memorandum of Understanding (MoU) between the Government of Ghana and the United States should be released to the public. The Court is now expected to rule on 17 December 2025.

The adjournment followed a closed-door engagement with the Office of the Attorney-General (A-G) on Wednesday, November 26, where a copy of the disputed MoU was shown privately to the panel of judges.

Presiding Justice Gabriel Pwamang told the courtroom that the matter had initially been set down for ruling after parties were directed to file written submissions. However, a new notice filed by the Attorney-General on 18 November introduced issues that prompted further judicial scrutiny.

The Court briefly rose, invited Deputy Attorney-General Dr Justice Srem-Sai into chambers, and examined the MoU that has been at the heart of the dispute. Counsel for the applicants, Democracy Hub, were not part of the in-chambers session.

When proceedings resumed, the Court announced that, having reviewed the document and heard from the A-G’s office, it required additional time to deliver its decision.

The five-member panel includes Justices Ernest Gaewu, Richard Adjei-Frimpong, Senyo Dzamefe, and Hafisata Amaleboba.

Civil society group Democracy Hub dragged the State to the Supreme Court over what it describes as an unconstitutional and clandestine agreement with the United States involving the involuntary repatriation of West African nationals into Ghana.

The organisation insists the arrangement violates:

Article 75(2) of the 1992 Constitution (requiring parliamentary approval for certain international agreements)

The 1951 Refugee Convention

The Convention Against Torture

The OAU Refugee Convention

Filed on 13 October 2025, the suit seeks 28 legal remedies, including a declaration nullifying the MoU and an order restraining the government from implementing it.

According to Democracy Hub, at least 42 individuals have already been deported to Ghana under the arrangement and detained at the Bundase Military Training Camp.

The group claims the detainees were:

held for weeks without charge

denied access to lawyers

denied access to basic amenities

It argues that the alleged detention conditions breach Articles 14 (liberty), 15 (dignity), and 19 (fair trial rights) of the Constitution.

The organisation characterises the treatment as “inhumane and degrading”, adding that the MoU exposes Ghana to chain refoulement, a forbidden practice under international law where refugees are indirectly returned to danger through an intermediary country.

The group maintains that the MoU is void ab initio.

Even if Parliament were to ratify the agreement, Democracy Hub argues, the MoU would still be unconstitutional because Ghana cannot enter into pacts that undermine its human rights commitments.

The case has drawn national and international interest, given its implications for transparency, refugee protections, and executive power in foreign relations.