According to the Justices of the Supreme Court, the high court judge erred in granting the order of mandamus.
The apex court also indicated that the judge exceeded her jurisdiction in making the order.
The justices further added the order for mandamus could not be granted in this circumstance when the businessman has not gone through the administrative processes of getting the revocation addressed.
This follows a suit seeking the Supreme Court to quash the orders of the High court that ordered the Comptroller of the Ghana Immigration Service to restore the Indian Businessman’s residence and work permits as well as an order of mandamus by the same court.
The Ghana Immigration Service (GIS) following an order by the Interior Ministry in June 2017 deported Ashok Kumar Sivaram on the premise that he had forged his marriage certificate in an application for citizenship.
This led his lawyers to contest his deportation by seeking judicial review.
The high court which heard the case upheld the businessman’s application and quashed his deportation order on July 31, 2017 on the grounds that the Interior Minister exceeded his jurisdiction.
The applicant after the failure of the GIS to comply with the first order proceeded to court in September the same year for an order of mandamus to compel them to comply with the first order.
The High court once again ordered the GIS to restore the residence and work permit of Ashok Sivaram within seven days and also ordered the Ghana Immigration Service’s assigns, agents and servants to desist from harassing him until his application before the Service was duly processed.
The GIS represented by the Attorney General’s office after the second case filed a stay of proceedings at the High Court which was subsequently dismissed.
They further went ahead to appeal the ruling in the Court of Appeal which was also dismissed leading. The issue was then taken to the Supreme Court, which rlling was given in favour of the Attorney General on Thursday, March 8, 2018.
By Selorm Amenyah |3news.com|Ghana