By Eugene Nyarko Jnr.
Accra, June 29, 2026 — Merton & Everett LLP, in collaboration with the Global Strategic Litigation Council and the Cornell Law School Transnational Disputes Clinic, has filed a case before the ECOWAS Community Court of Justice challenging Ghana’s alleged involvement in the transfer, detention and onward removal of West African nationals under what it describes as an undisclosed third-country arrangement with the United States.
The application, filed on behalf of Democracy Hub LBG, concerns 27 individuals, many of whom had previously secured protection orders from United States immigration courts preventing their return to their countries of origin due to fears of persecution, torture or other serious harm.
According to the applicants, Ghana received the individuals from the United States, detained them without lawful basis, judicial oversight or access to legal counsel, and subsequently facilitated their removal to countries where they allegedly faced significant risks of persecution and other human rights violations.
The suit argues that Ghana’s actions breached its obligations under regional and international human rights law, as well as its domestic human rights commitments.
The applicants are asking the ECOWAS Court to declare the arrangement unlawful, order its immediate cessation, prohibit any future transfers and onward removals under the alleged agreement, compel the disclosure of the full terms of the arrangement, and award reparations to the affected individuals alongside guarantees against future violations.
The case also seeks a ruling establishing that no ECOWAS Member State may participate in agreements that transfer non-consenting persons into another state’s custody where they face risks of refoulement, collective expulsion, arbitrary detention, denial of legal representation, denial of effective legal remedies, or other serious human rights abuses.
In a statement issued on Monday, Merton & Everett LLP said it remains committed to promoting constitutional accountability, refugee protection, human rights and the rule of law in Ghana and across the ECOWAS region.
The Government of Ghana has not yet publicly responded to the allegations contained in the court application.
Read the statement below:
