US Deportee Deal: Minority accuses gov’t of breaching Constitution

The Minority Caucus on Parliament’s Foreign Affairs Committee has accused the government of violating the Constitution by agreeing to accept third-country nationals deported from the United States without parliamentary approval.

Speaking at a press conference on Tuesday, the caucus argued that the arrangement breaches Article 75 of the 1992 Constitution and undermines Ghana’s sovereignty.

Samuel Abu Jinapor, Ranking Member of the Committee, cited Supreme Court rulings, including Banful v Attorney-General, which state that all international agreements, including memoranda of understanding and diplomatic notes, require parliamentary ratification.

“The government’s conduct in operationalising this agreement without parliamentary ratification is a direct constitutional violation of Article 75 and an affront to the authority of the Supreme Court,” he said.

The caucus drew parallels to 2016 when the Mahama administration accepted two Guantanamo Bay detainees without parliamentary approval, questioning why the current government would repeat a similar action.

They further revealed that some of the deportees are being held in detention centres against their will and have taken legal action against the government for alleged breaches of their fundamental human rights.

“Despite these concerns, we are told that some 40 more people are due to arrive in the country pursuant to this same unconstitutional agreement,” Hon. Jinapor added.

The Minority demanded an immediate suspension of the arrangement until Parliament has exercised its constitutional mandate.

“We urge government to provide full clarity on the processes, safeguards, and implications associated with receiving these deportees, including measures to protect Ghana’s security interests,” the caucus stressed.

Source: Ernest Arhinful

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