Eleven West African nationals from Nigeria, Liberia, Togo, The Gambia, and Mali have filed a human rights application at the Human Rights Division of the High Court in Accra, accusing the Government of Ghana of unlawful detention.
The applicants, who were previously held in U.S. immigration detention and granted protection against removal by American immigration courts, argue that their fundamental human rights have been violated.
They are seeking enforcement of their rights under Ghana’s 1992 Constitution and have named the Attorney General, the Chief of Defence Staff, and the Comptroller General of the Ghana Immigration Service as respondents.
In a writ of “Habeas Corpus Ad Subjiciendum” — a legal order requiring authorities to present detainees before a court and justify their detention — the applicants are challenging their continued custody. The application, filed ex parte, is expected to be heard on Thursday, September 19.
According to their affidavit, the applicants allege they were secretly removed from U.S. detention centres between September 5–6, 2025, shackled, and transported to Ghana without notice or explanation. Upon arrival, they claim they were handed over to Ghanaian authorities and are now being held at a suspected military facility without due process or judicial oversight.
They argue that their detention violates Article 14(1) of Ghana’s Constitution, which guarantees personal liberty and protection from arbitrary arrest. They also allege breaches of their rights to administrative justice, due process, and the principle of non-refoulement, which prohibits returning individuals to countries where they may face persecution or torture.
The legal action is being spearheaded by a team of lawyers led by Oliver Barker-Vormawor. At least eight of the applicants had previously been granted Withholding of Removal or Deferral of Removal under the U.S. Convention Against Torture (CAT), protecting them from deportation due to risks of torture, persecution, or inhumane treatment in their home countries.
The applicants are urging the court to enforce their fundamental rights under Article 33(1) of the 1992 Constitution and to provide urgent protection consistent with Ghana’s constitutional and international human rights obligations.
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