Court adjourns contempt application against Ghana Immigration Service boss

The State on Tuesday prayed an Accra High Court to adjourn a contempt application against Kwame Takyi, the Comptroller of the Ghana Immigration Service (GIS) to enable him appear in court personally.

According to a State Attorney, Ms Jasmine Armah, the GIS Boss was on tour with the Minister of the Interior on an official assignment around the country.

According to her, a letter to that effect had been provided in court, adding that GIS Boss’ tour was scheduled before the date for hearing of the contempt application was set.

Mr Gary Nimako Marfo, counsel for the Indian Businessman, who filed the contempt application against the GIS Boss, said the respondent (GIS) was personally served with the application.

Mr Marfo said Mr Takyi was therefore aware of the contempt application.

According to Mr Marfo, the respondent has not filed any document in response to the contempt application and he has also failed to comply with the orders of the court.

He therefore prayed the court to allow him move the application for contempt to ensure the orders of the court was enforced.

The court presided over by Justice Daniel Mensah noted that the State filed an affidavit in opposition to the contempt application on October 9, this year.

Soon after the court had informed Mr Marfo about the State’s response, he then prayed the court for the case to be stood down so that he will read the States affidavit in opposition and move the contempt application. 

The court adjourned the matter to November 13.

Meanwhile, the State has appealed against the quashed deportation order by Justice Kweku Ackah-Boafo. The appeal is expected to be heard on November 1, by the Court of Appeal.

Ashok Kumar Sivaram, an Indian businessman filed an application praying an Accra High Court to commit Kwame Takyi, the Comptroller of the Ghana Immigration Service (GIS) for contempt.

Mr Sivaram in a motion on notice for application for committal for contempt contended that the GIS Comptroller had failed to comply with orders of the High Court on September 18, this year.

The court was presided over by Mrs Justice Naa Adoley Azu.

On September 18, this year, the court presided over by Mrs Azu ruled that the GIS should restore Mr Sivaram’s work and resident permit to him within seven days.

This was after the court had granted an order of mandamus directed at the GIS to restore Mr Sivaram’s residence and work permits, which was cancelled by the Service on the basis of a deportation order dated on May 15, this year and same was quashed by the another High Court in its ruling dated on July 31, this year.

Mrs Azu’s ruling further granted an order of injunction restraining the GIS, its agents, assigns, privies servant or any one acting on the authority of the service from making any attempt to remove Mr Sivaram from the jurisdiction.

This was because the decision by the GIS to accept the application for visa on arrival without the requisite statutory fee was a deliberate attempt to decline to process the said application, adding the decision made by the GIS administrative official was unfair, unreasonable and same was supported by law.

Mr Sivaram noted that the decision of the court had been served on GIS and same had been reported in the media.

“The orders of the court are clear, unambiguous, and the respondent knows what to do.

“The respondent being a professional lawyer and knows the full force of and effect of Court orders and thus his decision not to restore my Residence/Work permit within the seven day period as ordered by the court is a deliberate and wilful attempt to undermine the authority of the High Court,” he said.      

On September 18, this year a High Court in Accra ordered GIS to restore the Residence and Work Permit of Mr Ashok Kumar Sivaram, the Indian businessman within seven days.

Granting an order of Mandamus filed by Mr Sivaram against the Service, the Court also ordered the GIS’s assigns, agents and servants to desist from harassing him until his application before the Service was duly processed.

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.

Mr 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.

Source: GNA

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