Accra, Ghana, 29 June 2026 – Merton & Everett LLP, acting together with the Global
Strategic Litigation Council and the Cornell Law School Transnational Disputes Clinic
as co-counsel, filed an application before the ECOWAS Community Court of Justice on
behalf of Democracy Hub LBG.
The application is brought in respect of twenty-seven(27) victims, many of whom had
previously obtained protection from United States immigration courts against return to
their countries of origin on account of risks of persecution, torture, or other serious
harm.
The case challenges Ghana’s role in receiving, detaining, and facilitating the onward
removal of West African nationals transferred from the United States of America under
an undisclosed arrangement between the two governments. It asks the Court to declare
that Ghana’s conduct violates its obligations under regional and international human
rights law; order the cessation of the arrangement; prohibit further transfers and
onward removals under it; require disclosure of its full terms; and grant reparations to
the victims and guarantees of non-repetition.
The application also asks the Court to affirm, as a matter of Community law, that no
ECOWAS Member State may participate in any arrangement that delivers
non-consenting persons into another State’s custody where that arrangement exposes
them to a real risk of refoulement, collective expulsion, arbitrary detention, denial of
access to counsel, denial of an effective remedy, or other serious human rights violations.
The action claims, among others, that Ghana, in violation of its obligations under
international law and domestic human rights law, received persons in need of
international protection, detained them without lawful basis, judicial oversight, or
access to counsel, denied them any effective opportunity to seek protection in Ghana,
and exposed them to onward removal to countries where Ghana knew, or ought to have
known, they faced a real risk of persecution, torture, or other serious harm.
Merton & Everett LLP remains committed to constitutional accountability, refugee
protection, human rights, and the rule of law in Ghana and across the ECOWAS region.
ENDS
For media enquiries, contact:
● Lead Counsel, Oliver Barker-Vormawor, Merton & Everett LLP –
secretariat@mertoneverett.com
● Co-Counsel, Ian Kysel, Cornell Law School Transnational Disputes Clinic –
imk48@cornell.edu
● Co-Counsel, Global Strategic Litigation Council – laura@global-council.org