Controversial lawyer and leading NDC activist, Oliver Bakar Vormawor, has launched a scathing attack on the government over a memorandum of understanding (MoU) between Ghana and the United States that paves the way for the transfer of prisoners and ex-convicts to Ghana.
Vormawor’s criticism follows disclosures by Foreign Minister Samuel Okudzeto Ablakwa that Cabinet, acting on the advice of the Attorney-General, had approved the deal without seeking parliamentary ratification. Ablakwa reportedly informed Parliament that the Attorney-General advised that the MoU did not require legislative approval.
“If this information is true, then the Attorney-General gave Cabinet bad legal advice,” Vormawor charged. “The MoU is unconstitutional to the extent that Parliament hasn’t ratified it.”
He further warned that Ghana risks breaching its own Constitution and violating international law, particularly in cases involving asylum seekers. “Let’s be clear, the Administration is acting unconstitutionally and in violation of international law in facilitating the refoulement of 14 West Africans — and with 40 more expected — back to their countries of origin,” Vormawor said.
Constitutional Questions
Under Article 75 of the 1992 Constitution, international agreements, including treaties, conventions and memoranda of understanding, are required to be ratified by Parliament before taking effect. Critics argue that bypassing Parliament sets a dangerous precedent, undermining democratic oversight of international commitments.
Legal analysts note that prisoner transfer agreements often involve sensitive issues of human rights, asylum, and citizenship, making parliamentary scrutiny even more critical.
Political and Human Rights Implications
The controversy comes amid growing unease about Ghana’s handling of asylum seekers and deportees. Human rights advocates have warned that returning individuals to their countries of origin, especially where persecution is feared, could violate the principle of non-refoulement under international refugee law.
Opposition voices within the NDC and civil society groups are expected to seize on Vormawor’s claims to mount pressure on the government. Supporters of the agreement, however, maintain that Ghana has a responsibility to cooperate with its international partners, especially on migration and security issues.
For now, the Foreign Ministry has not issued a detailed response to Vormawor’s accusations, though the matter is likely to dominate public debate in the coming days.
