Court orders Ghana Immigration Service to re-instate former Deputy Director

Kwame Asuah Takyi (right)

An Accra High Court has ordered the Ghana Immigration Service (GIS) to re-instate Mr Kwame Asuah Takyi, a Deputy Director in charge of Legal of the Service.

This was after it had set aside his interdiction based on the assertion that he and two other directors had allegedly issued permits to Chinese nationals without due regard to laid down procedures of the Service.

The court presided over by Mr Justice Henry Kwofie, a Court of Appeal Judge sitting with additional responsibility as a High Court Judge further ordered GIS to with immediate effect pay all his entitlements including his allowances, privileges and rights due him.

The orders explained that his entitlements should be paid from the period of his interdiction without recourse to ‘loss of seniority.’

It, however, declined to grant reliefs pertaining to the award of damages and general damages.

The trial judge further ordered the service to pay GH¢3,000 each to Mr Takyi and Ms Veronica Addy, An Assistant Director for Processing.

In the case of Madam Addy, an Assistant Director for Processing, the court noted that she was to proceed on retirement by June 6, 2014 but was on contract.  

Throwing more light on the judgement, the trial judge described the supposed constituted committee by the Service to undertake a service enquiry as a sham.

Speaking to journalists after the judgement, Mr Takyi joyously said: “I know this as normal. I know in my heart that I did nothing wrong.’’ 

Relations who accompanied Mr Takyi to court shed tears of joy while others in jubilation mood rolled on the floor.

Three officials of the GIS, Mr Takyi,  Madam Addy, Assistant Director for Processing, Mr Joseph Gardiner a Director in charge of Finance and Administration GIS, were interdicted on October 25, 2013 for allegedly issuing permits to some Chinese nationals without due regard to laid down procedures.

However, following their interdiction in 2013, the GIS had failed to constitute a committee to undertake a service enquiry on them, hence Mr Takyi and Madam Addy proceeded to court.

In his statement of claim, Mr Takyi averred that he joined the GIS on October 1, 1999 as assistant Superintendent and rose through the senior level ranks by dint of hard work to become an Assistant Director of Immigration.

He said that he acted in the position of Deputy Director of Immigration, Legal for eleven years in contravention of Public Service Regulations and without any extra remuneration or compensation except being paid an acting allowance of GH¢190 a month.

It is his assertion that his interdiction and the actions of the GIS with regard to his interdiction were tantamount to constructive dismissal from the GIS and contravened Article 191 of the Constitution and had caused him great hardship and embarrassment.

He, is, therefore, seeking a declaration that his interdiction and the events that followed amounted to a constructive dismissal and was, therefore, wrong, null and void and of no legal effect because it was inconsistent and contravened the 1992 Constitution.

The GIS however in a statement of defence filed by Mrs Helen A.A. Ziwu, Chief State Attorney denied all the claims of Mr Takyi and said that he was not entitled to any reliefs being sought in his statement of claim.

Source: GNA

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