The High Court in Accra (Labour Division) has scheduled 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 motions are: an interim injunction seeking to stop their deportation to their respective countries by the government of Ghana, and a motion for Habeas Corpus, which requires the government to produce the detainees before a court and justify their detention.
In court on Thursday, September 18, Justice Pricilla Dikro stated that she would need time to review the ex-parte motions before considering them.
Counsel Oliver Barker-Vormawor emphasized the urgency of the matter, highlighting that the applicants have been in unlawful detention.
Counsel pointed out that the President had indicated the detainees would be deported to their respective countries, a statement affirmed by the Minister for Foreign Affairs.
The interim injunction aims to halt the deportation process, while the Habeas Corpus application seeks to compel the government to produce the detainees in court.
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 motions are addressed.
Background
The 11 applicants filed the legal action at the Human Rights Division of the High Court in Accra against the government of Ghana, alleging unlawful detention.
The applicants, who were previously held in immigration detention in the United States and granted protection against removal by U.S. immigration courts, claimed their fundamental human rights have been violated.
The applicants, per the application, are seeking the enforcement of 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 Latin phrase, the applicants are seeking a formal order that requires the respondents holding them in custody to produce the detainees before a court and justify the detention. The writ, filed ex-parte, was to be moved on Thursday, September 19.
In essence, Habeas Corpus Ad Subjiciendum is 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.
According to the affidavit filed in support of their “Habeas Corpus Ad Subjiciendum,” ex-parte, they said 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, due process, and non-refoulement have been undermined by the circumstances of their detention and potential deportation.
The action, initiated by their lawyers led by Oliver Barker-Vormawor, indicates that 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, prohibiting 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.
Applicants
The applicants -Daniel Osas Aigbosa (Nigerian National), Kalu John (Liberian National), Zito Yao Bruno (Togolese National), Sidiben Dawda (Gambian National), Ahmed Animashaun (Nigerian National) and Toure Dianke (Malian National).
The rest are – Taiwo K. Lawson (Nigerian National), Agouda Richarla (Togolese National), Oukpedzo Sikiratou (Togolese National), Boubou Gassama (Malian National), Ifeanyi Okechukwu (Nigerian National).
Source: Starrfm.com.gh
