Mr Hundeyin is currently a refugee in Ghana, where he fled for safety due to alleged "political persecution" by the Nigerian government.
The Ghanaian government has reacted to claims by a Nigerian journalist, David Hundeyin, that the Nigerian government was putting pressure on Ghanaian authorities to extradite him to Nigeria.
Background
Mr Hundeyin is currently a refugee in Ghana, where he fled for safety due to alleged "political persecution" by the Nigerian government of which he has been critical.
The journalist fled Nigeria in 2020 and following his application in 2021, the Ghana Refugee Board (GRB) wrote him on 13 May 2022 to say it had determined he was a person qualified to be recognised as a refugee pursuant to the United Nations Convention relating to the Status of Refugees (1951) and other protocols.
Mr Hundeyin, in a video clip uploaded on his X handle (formerly known as Twitter) on 20 September 2023, claimed the Nigerian government was putting pressure on the Ghanaian government to revoke his refugee status and extradite him to Nigeria.
In the 16-minute clip, the journalist accused President Bola Tinubu of plotting a "secret extradition" against him for leaking confidential information about the president's personal life and for exposing the plan by ECOWAS to invade the Republic of Niger, following a military coup in the country.
He also claimed Mr Tinubu, who currently heads ECOWAS, was seeking to get him extradited to Nigeria because he (Hundeyin) reported that the Nigerian president allegedly forged his academic certificate and engaged in drug trafficking in the US.
"So, I want to urge the Ghanaian president to resist the temptation to allow the Nigerian president to push Ghana into breaking international law," Mr Hundeyin said.
"I obviously don't need to mention that there is a law called the Law of Refoulement which forbids the illegal repatriation of political refugees back to the country that they fled from, where they are going to face persecution," he added.
Ghana reacts
But reacting in a letter dated 1 October 2023, the Chairperson of the GRB, Kenneth Attafuah, told Mr Hundeyin that it was not true that the board or the Ghanaian government was contacted by the Nigerian government extradite him.
Mr Attafuah, a professor and lawyer, said the board decided to reach the journalist after considering his allegations in the video clip during an emergency meeting of the board members on 29 September.
"For the avoidance of doubt, it is not within the contemplation of the GRB to repatriate you to Nigeria. There is absolutely no need or reason for that; your fear of being refouled lacks supporting verification, and is not well-founded.
"The unproven allegations and apparently defamatory statements you make in your video against the sitting president of Nigeria from Ghanaian soil have strong political ramifications and national security potential implications and could engender needless diplomatic row between our two sister countries. You are respectfully urged to desist from such conduct even as you freely practice your trade as a professional journalist," he said.
The GRB chairperson told the journalist that although the board has no intention of withdrawing or cancelling his refugee status, he must obey and respect the laws of Ghana and observe the provisions of Rights and Obligations of Asylum Seekers.
"The GRB is completely unaware of any of the astonishing allegations of criminality you attribute to the President of Nigeria and the Nigerian Government or any of its security agencies.
"As a creature of statute, the GRB acts within the four corners of its statutory mandate, and in accordance with applicable international law, as a result, it is unable to assume responsibilities falling outside the scope of its statutory mandate or meet some of your grand expectations of it," he stated.
Read full text of the letter from the Ghana Refugee Board below:
VIDEO OF DAVID HUNDEYIN ONX (FORMERLY TWITTER)
The attention of the Ghana Refugee Board (GRD) has been drawn to a video you posted on X on 20 September 2023, which has since gone viral, with over 3.8million views and 32,500 likes.
In the said video, you make several profound statements touching on your personal safety and security as a refugee in Ghana, as well as your apprehensions about your probable deportation from Ghana in violation of the international law principle of non-refoulement.
The GRB, as the statutory body mandated to ensure the safety and well-being of refugees and asylum seekers in Ghana, has taken due notice of the gravity and ramifications of your claims in the said video.
The Governing Board (hereinafter called "the Board") of the GRB convened an Emergency Meeting on Friday, 29h September 2023 to consider the issues raised in the video and to determine what actions, if any, may be warranted to further ensure that the GRB fulfils its obligations toward you in accordance with domestic and international law.
In keeping with its longstanding practice, the Board had the UN refugee agency - the United Nations High Commissioner for Refugees (UNHCR)- fully in attendance at the said Board meeting as an Observer. At the end of its deliberations, the Board determined that it was imperative that you be informed as follows:
1. The Board acted correctly in May 2022 when it recognized you as a refugee in Ghana The Board affirms the correctness of that decision and stands by it.
2. As a statutory body committed to protecting and advancing the rights of refugees and asylum seekers in Ghana, the GRB freely and fairly reached the decision to recognize you as a refugee notwithstanding its clear appreciation of the deep and longstanding diplomatic ties between Ghana and Nigeria;
3. In its decision-making processes, the GRB is actuated only by proper considerations, enabling it to spread the carpet of welcome to all those deserving of refugee and asylum protection, without regard to the political or economic might of the countries from which refugees or asylum;
4. There is no reasonable basis in fact or law for your assertion that the GRB, and by extension the Government of Ghana, has been contacted by Nigerian authorities requesting to have you repatriated to Nigeria. For the avoidance of doubt, the GRB categorically denies this and any such allegation in your video to the effect that it has received such a request, directly or indirectly. Indeed, until 20th September 2023 when your said video went viral and same was drawn to the attention of the GRB, you had not come within the slightest contemplation of the GRB for any reason whatsoever;
5. Furthermore, for the avoidance of doubt, it is not in the contemplation of the GRB to repatriate you to Nigeria. There is absolutely no need or reason for that; your fear of being refouled lacks supporting verification, and is not well-founded;
6. The unproven allegations and apparently defamatory statements you make in your video against the sitting President of Nigeria from Ghanaian soil have strong political ramifications and national security potential implications and could engender a needless diplomatic row between our two sister countries. You are respectfully urged to desist from such conduct even as you freely practice your trade as a professional journalist.
7. The GRB is completely unaware of any of the astonishing allegations of criminality you attribute to the President of Nigeria and the Nigerian Government or any of its security agencies;
8. As a creature of statute, the GRB acts within the four corners of its statutory mandate, and in accordance with applicable international law; as a result, it is unable to assume responsibilities falling outside the scope of its statutory mandate, or to meet some of your grand expectations of it;
9. Ghana has not issued you with a Ghanaian passport; the travel document in your possession is a United Nations Refugee Convention Travel Document (CTD), not a Ghanaian passport.
10. The GRB has no intention of withdrawing, cancelling or otherwise disabling your CTD based on your conduct to date, there can be no justification for any such action against you;
11. Your possession of a CTD does not remove the right of any country to grant or deny you entry into its territory; the decision to accept or reject your entry into any country is the prerogative of the prospective host country.
12. The GRB notes with appreciation your acknowledgement of Ghana's steadfast and demonstrated commitment to serving as a safe haven for journalists fleeing persecution from around the world. Evidently, the GRB shares your positive appraisal that the "Ghanaian Government does the right thing. I have faith in them. They 've always done the right thing." Please accept the assurances of the GRB that, from its reckoning, you are not in danger and Ghanaian authorities are not considering doing anything untoward toward you or your status as a refugee in Ghana;
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13. On behalf of His Excellency the President of Ghana, Nana Addo Dankwa Akufo-Addo, the Minister for the Interior, Hon. Ambrose Dery, and the entire Governing Board, Management and Staff of the GRB, I wish to assure you of Ghana's continuing determination to honour its obligations under domestic and international law, and to affirm to you and all those concerned about your safety and well-being that Ghana will endeavour to protect you and all persons in Ghana similarly-situated as yourself; and
14. At the time of your recognition as a refugee, you were given a copy of a document captioned, Rights and Obligations of Asylum Seekers, you were urged to abide by its contents. Section 8 of the Obligations in said document, a copy of which is attached for your easy reference, instructs that all persons seeking asylum in Ghana must obey the laws of Ghana. Section 10 of the Obligations of the same document states that asylum seekers "should not engage in any political activities within Ghana and/or in [their] country of origin whether at the local or national level, including voting." In these circumstances, it is imperative that you respect this Obligation which accords with international best practice.
15. Based on the foregoing, you are hereby reminded of your bounden duty to respect the laws of Ghana generally, and to observe the provisions of the document referenced above in particular, and to exercise greater circumspection in your future public broadcasts.
I trust, Sir, that the foregoing assures you of your safety and security in Ghana. Do not hesitate to contact the GRB should you require any specific assistance within its remit.
Yours truly,
PROF. KENNETH AGYEMANG ATTAFUAH, ESQ
CHAIRMAN
