High court overrules Interior Minister’s order deporting Indian

Interior Minister, Ambrose Dery[/caption] An Accra High court has quashed an order by the Interior Minister, Ambrose Dery to deport an Indian businessman Ashoq Kumar Sivaram describing the action of the minister as a serious breach of natural justice. The court on Monday, July 31, said the minister exceeded his jurisdiction for signing the deportation of the Indian and that the act falls into services error for not giving the applicant the opportunity to  fair hearing. The case was brought against Ambrose Dery and the Controller General of Ghana Immigration Service, Kwame Sekyi by an Indian national, Ashoq Kumar Sivaram who is challenging his deportation from Ghana. They approved the deportation of Ashoq on the basis that he obtained a fake marriage certificate so that he can stay in the country. Kumar Sivaram accused the two officials of unlawfully deporting him based on unsubstantiated claims. In his application led by his counsel, Garry Nimako Marfo, he was arrested on June 1 and deported on the same day without any notice or any opportunity to be heard on the allegations levelled against him. The order was also carried out without recourse to his business – Jai’ mai Communications Ltd –  in Ghana which employs 130 Ghanaians out of 160 employees. It again stated that, no regards were accorded the case even when pending in court and also the order for a valuation process to be carried out. In its judgement, the court indicated that the refusal to hear the applicant’s side of the story when he was arrested goes against the rule of natural justice, adding that the minister should have charged him or brought him before a court of competent jurisdiction. The court also stated the first respondent exceeded his jurisdiction when he made a judicial decision that the marriage certificate of Sivaram was fraudulent. The court in its judgement also questioned why the applicant will be the victim if the marriage certificate issued by the Kumasi Metropolitan Assembly (KMA) was found to be fake. The court reiterated that the actions of state authorities are not exempted from judicial scrutiny and any action to stop Sivaram from entering the country will amount to contempt.

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By Godfred Tanam |TV3|3news.com]]>