The five Chinese nationals, who are being held by the Ghana Immigration Service (GIS) over illegal employment, have filed an application for the violation of their rights at a Sekondi High Court.
The Court has fixed January 8, next year to hear the application.
This came to light when the accused appeared before the Kaneshie District Court on Monday.
The five are Dehang Li, Haifang Zhou, Jiauong Huan, Li Hui Lauo and Jung Gang Quin.
Chief Superintendent of Immigration (CSI) Peter Philip Andoh said the GIS would like to wait for the outcome of the application at the Sekondi High Court before proceeding with the prosecution.
He said the GIS was going to pray the court to repatriate them but it would halt that prayer pending the outcome of the decision of the superior court.
He said the GIS would transport them to Sekondi for the application to be heard.
Meanwhile, Haifang Zhou, the only female among the accused who spoke through an Interpreter, said she was aware that the documents covering their stay in Ghana had expired and they ought to pay some penalty, which they were ready to pay so that they could be sent back to China.
Another suspect Jiauong Haun told the court that he was not aware that an application had been filed on their behalf at the High Court in Sekondi.
When the District court presided over by Ms. Eleanor Kakra Barnes-Botwchwey demanded from the accused persons if their lawyer had filed any application on violation of their rights, the accused were divided in their response as to that fact.
The court noted that it appears “someone is trying to help them but they are not aware of the said help.”
The court therefore adjourned the matter to January 13, awaiting the outcome of the application at the Sekondi High Court.
The five are being held on the charges of illegal employment and staying in Ghana without permit.
The court has not taken their plea and has turned down their bail application on the basis that they did not have fixed place of abode in the country.
The accused persons were arrested at Wassa Akropong on suspicion that they did not have resident permits and were engaging in illegal employment namely selling of noodles (Indomie) in Ghana.
Earlier Defence Counsel, Dr. J.E.K Abaka told the court that the accused persons would not abscond because their passports were with the Police and that they should be granted bail.