The recent controversial US deportee deal signed by the Mahama administration has stirred heated debate in Ghana’s Parliament, with the Minority Caucus accusing the ruling NDC government of violating the country’s Constitution.
According to Hon. Nana Agyei Baffour Awuah, Member of Parliament for Manhyia South and a member of Parliament’s Constitutional and Legal Affairs Committee, the agreement fails to meet the requirements of Article 75 of the 1992 Constitution.
Speaking on the matter, Hon. Baffour Awuah argued that the agreement, which involves receiving deportees from the United States, should have been brought before Parliament for approval.
He cited the Supreme Court’s ruling in the case of Henry Nana Boakye and Margaret Balfour v. Attorney General, which established that “any international agreement or treaty, including but not limited to MoUs, must be submitted to Parliament for parliamentary approval.”
He emphasized that the absence of parliamentary approval renders the deal unconstitutional.
“It is clear that following the determination of the Supreme Court, once it has not been done, which the Minister has admitted, then the Constitution has been breached.”
Hon. Nana Agyei Baffour Awuah
NDC’s US Deportee Deal, A Repeated Mistake
The Manhyia South MP expressed disappointment that key government actors involved in the current deal were the same individuals who had been at the center of a similar constitutional breach involving the Guantanamo Bay detainee agreement in 2016.
“You have President Mahama, who at the time had failed to comply with Article 75, irrespective of the Guantanamo Bay matter, for which the matter was sent to the Supreme Court.”
Hon. Nana Agyei Baffour Awuah
He added that the current Attorney General, who was then a Deputy Attorney General, had personally handled the Guantanamo Bay case in court.
Given their experience, he expected them to avoid repeating the same constitutional violation.
“Once there is a repetition of the matter, you can only say it is an unfortunate situation. It ought not to have happened, but it is happening. It has happened, and it is a very sad situation that the respect that ought to be given to the Constitution is not being given.”
Hon. Nana Agyei Baffour Awuah
Meanwhile, Minister of Foreign Affairs Samuel Okudzeto Ablakwa defended the US deportee deal, stating that it was based purely on humanitarian grounds.
He revealed that about 40 African deportees from the US are expected to arrive in Ghana soon.
However, Hon. Baffour Awuah dismissed this justification, emphasizing that while humanitarian considerations may be admirable, they cannot take precedence over adherence to constitutional requirements and proper legal procedures.
The MP questioned why the agreement was not presented to Parliament despite the NDC holding a majority. “Somebody is trying to be quite large in their approach to governance,” he said.
Questions Over US Deportees’ Background
Baffour Awuah also expressed concerns about the profile of the individuals being deported, pointing to statements made by former US President Donald Trump, who often described deportees as criminals.
He questioned why Ghana should accept individuals labeled in such a manner by US authorities and raised doubts about the potential risks they might pose to the country.
He warned that accepting such individuals without proper scrutiny could pose a threat to Ghana’s peace, safety, and security.
“If President Trump cannot accommodate criminals, then why should Ghana take these people on humanitarian grounds? I think that we need to interrogate this matter.”
Hon. Nana Agyei Baffour Awuah
The MP stressed that parliamentary approval is not only a legal requirement but also a safeguard to ensure that the Ghanaian people, through their elected representatives, agree to take on any obligations arising from international agreements.
“That obligation potentially may outlive President Mahama. Will a future government be ready to accommodate it? Which is why there is the necessity for it to go to Parliament.”
Hon. Nana Agyei Baffour Awuah
He dismissed fears of reputational damage if Ghana rejects the deal, stating that the United States, being a democratic nation that respects its own laws, would not expect Ghana to violate its constitutional processes.“It would be very surprising that the United States of America would think that Ghanaian law can be suspended just to accommodate its interests.”
Baffour Awuah also criticized Minister Ablakwa’s handling of Ghana’s foreign policy, suggesting that his recent actions and statements risk alienating traditional allies.
“President Mahama would have to take a critical look at the way he’s handling himself, because it’s as though he intends to put together a new foreign policy for Ghana, which might not be beneficial to the interests of this country.”
Hon. Nana Agyei Baffour Awuah
Baffour Awuah compared the current situation to the Guantanamo Bay detainee case, describing it as a repeat of past missteps.
He noted that while the detainees themselves are not part of this issue, most of the key figures involved remain the same, including the United States, President Mahama, who was in office during the Guantanamo Bay agreement, and Dominic Ayine, who served as Deputy Attorney-General at the time.
The MP insisted that the government must act swiftly to rectify the breach and restore public trust in the constitutional process.
Failure to do so, he warned, could set a dangerous precedent for governance and international agreements in Ghana.
READ ALSO: Ghanaian Playwright Dr. Mohammed Ben Abdallah Dies at 81
