President John Dramani Mahama addressed the deportation deal during his media encounter in September
The government of Ghana has come under intense scrutiny over a deal with the government of the United States to receive American deportees in the ongoing crackdown on illegal immigration by the Donald Trump administration, who are from countries in West Africa.
The Minority Caucus of Ghana’s Parliament has accused the government of violating the laws of the country by implementing the deal without recourse to the House.
They have also said that the government undermined Parliament’s oversight authority by signing the deal without the approval of the House.
The government was ultimately sued at the Supreme Court by the Democracy Hub, a human rights advocacy group, which is seeking an injunction against the implementation of the deal.
They argue that the deal is illegal because it lacks parliamentary approval.
But what do the laws of the country say on this matter?
Ghana’s immigration laws:
The laws of Ghana that govern deportation, as well as entries and departures into the country — the Immigration Service Act (Act 908) and the Immigration Act (Act 573) — do not explicitly tackle the matter at hand.
The law that, perhaps, touches on the issue can be found in Act 908 of 2016.
Section 4 of the Act states that “the Service shall advise on and implement international co-operation agreements with other countries and international organisations on matters relating to migration.”
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This provision does not clearly distinguish or set rules for these “agreements,” be it accepting deportees from other countries into Ghana.
The other relevant law on the matter:
The critics of the government on the deportation deal have accused the government of violating Article 75 of the 1992 Constitution of Ghana.
The article mandates the President of the Republic to seek parliamentary “approval” for any international agreement his government enters into in the name of the country.
Below are the exact words of the Act:
(1) The President may execute or cause to be executed treaties, agreements or conventions in the name of Ghana.
(2) A treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by—
(a) Act of Parliament; or
(b) a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament.
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The bone of contention
The matter under contention now is whether the deal Ghana has with the US can be regarded as an international “agreement” executed in the name of Ghana.
While the critics have stated that the deal is an “international agreement,” the proponents of the government have argued that it is a mere Memorandum of Understanding (MoU) that does not require parliamentary approval.
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