India Businessman Writ Of Mandamus Against GIS Set For Sept. 18th

An Accra High Court has slated September 18, to hear a writ of mandamus in the case of the embattled Indian businessman against the Ghana Immigration Service (GIS).

On August 25, this year, the court ordered the GIS to grant Ashok Kumar Sivaram a temporal permit to enable him to fight for his business and other legal matters before the court.

At Friday’s hearing the Service through a State Attorney, Jasmine Armah informed the court that it had given the businessman a Passport Retention Slip which would last for 30 days.

Mr Sivaram is, therefore, expected to use the slip pending the denial or offering of residence and work permit by the GIS to him.

On June 1, this year, the GIS following an order by the Interior Ministry deported Mr Sivaram on the premise that he had forged his marriage certificate in an application for citizenship.

The Indian businessman, therefore, contested his deportation by filing a judicial review through an order of Certiorari.

Justice Kweku Ackah-Boafo upheld the businessman’s application and quashed his deportation order on July 31, this year on the grounds that the Interior Ministry exceeded its jurisdiction.

Mr Sivaram was deported by the GIS on June 1, 2017, following an order by Mr Dery on the basis that he used a forged marriage certificate to support his application for citizenship.

Not happy with the deportation, lawyers for Mr Sivaram filed an application for judicial review by way of certiorari for the order to be nullified by the Accra High Court.

But counsel for the businessman, Gary Nimako, told the court that he did not know the status of his client now because the issuance of a Passport Retention Slip could not constitute temporal residence and work permit.

According to him, the GIS had misrepresented the facts as well defy the court orders by offering his client the Passport Retention slip.

Mr Nimako, therefore, prayed the court to put the Head of Legal, GIS in the witness box so he could be cross-examined on the facts.

The Court after demanding to know the difference between a Passport Retention slip and what constitutes a temporal or permanent Residence and Working permit, adjourned the matter to September 18 to hear the writ of Mandamus.

The trial judge, Naa Adoley Azu, however, took a swipe at Ms Armah after she had on several instances laughed after answering questions from the Judge.

“Stop giggling. This is not funny. Your conduct in other courts could attract contempt.”

The judge further stated that Ghana was sending wrong impressions out there if some state institution would use state power capriciously.