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National Outrage: Minority Blasts 'Unconstitutional' Ghana-US Deportee Deal

Published 2 months ago3 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
National Outrage: Minority Blasts 'Unconstitutional' Ghana-US Deportee Deal

The Minority Caucus on the Foreign Affairs Committee of Parliament has vehemently condemned the government's alleged agreement with the United States to designate Ghana as a receiving point for West African nationals deported from America. This arrangement has stirred significant controversy, particularly after reports indicated that 14 such deportees, primarily Nigerians and one Gambian, have already been admitted into the country.

President John Mahama, speaking at a Presidential Media Encounter, acknowledged the development, explaining that the US had approached Ghana to accept third-party nationals. He justified the agreement by stating that West African nationals were acceptable because they do not require a visa to enter Ghana, aligning with existing ECOWAS protocols on free movement.

However, the Minority, led by Ranking Member on the Committee, Samuel A. Jinapor (also the Damongo MP), described the move as a “grave constitutional breach” and a direct affront to Ghana’s sovereignty and foreign policy independence. Their primary concern revolves around Article 75 of the Ghanaian Constitution, which mandates that any treaty, agreement, or convention executed by or under the authority of the President must be laid before Parliament for ratification. Mr. Jinapor emphasized that this purported agreement clearly falls within the scope of Article 75, and the government's decision to proceed without parliamentary approval is a blatant disregard for the law.

The Caucus drew strong parallels to the controversial 2016 case during the previous Mahama administration, where two Yemeni terror suspects were admitted from Guantanamo Bay without parliamentary approval. This decision was later ruled unconstitutional by the Supreme Court. The Minority cited landmark Supreme Court decisions, including Banful v Attorney General and Brogya Gyamfi v Attorney-General, which reaffirmed the necessity of parliamentary ratification for such international agreements. They stressed that the current government has failed to learn from these precedents.

Beyond constitutional concerns, the Minority raised pressing issues of sovereignty, national security, and foreign policy. They argued that associating Ghana with the United States’ 'harsh immigration enforcement regime' risks undermining Ghana’s long-standing principles of principled diplomacy, non-alignment, regional solidarity, and respect for human rights. Such an action, they warned, could significantly damage Ghana's international standing and reputation. While acknowledging ECOWAS protocols on free movement, the Minority insisted that these protocols pertain to voluntary travel and do not extend to forced deportations orchestrated by a non-ECOWAS state.

In light of these concerns, the Minority demanded the immediate suspension of the agreement until it has been duly laid before and ratified by Parliament. They called for full clarity from the government regarding when the agreement was reached, the specific safeguards in place for the deportees and Ghana's security interests, and the broader implications of receiving these individuals. The Caucus stressed that the Ghanaian people deserve transparency, accountability, and respect for the rule of law, unequivocally stating that no future agreements of this nature must ever be implemented without prior parliamentary approval and ratification.

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