According to the Justices of the Supreme Court, the High Court judge erred in granting the order of mandamus compelling the Immigration Service to provide the permit.

[contextly_sidebar id=”BvLwu4vaR3NxdDJqEXeOIBuBUDQZlNJj”]They also indicated that the judge exceeded her jurisdiction.

This follows a suit filed by the state seeking to overturn the orders of the High Court which directed the Comptroller of the Ghana Immigration Service to restore the Indian businessman’s residence and work permits.

The Justices also added that the court could not give the Immigration Service such an order in this situation given that the businessman had not gone through the administrative process of getting the revocation of his permits addressed.

Background

The GIS, following an order by the Interior Ministry in June 2017, deported Mr. Sivaram on the premise that he had forged his marriage certificate in an application for citizenship, which led his lawyer to contest his deportation by seeking judicial review.

The High Court, which first heard the case, upheld the businessman’s application and quashed his deportation order on July 31 on the grounds that the Interior Minister exceeded his jurisdiction.

The applicant, after the failure of the GIS to comply with the first order, sought an order from the court in September the same year 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 Mr. Sivaram, the Indian businessman within seven days and also ordered the GIS’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 went ahead to appeal the ruling in the Court of Appeal which was also dismissed leading to today [Thursday]’s case at the Supreme Court.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Supreme Court quashes restoration of Indian businessman’s permits appeared first on Citi 97.3 FM - Relevant Radio. Always.

In an application for committal for contempt, lawyers for the businessman contend that, the head of the Immigration Service has failed to comply with orders of the High Court instructing the service to restore the residence and work permit of their client.

[contextly_sidebar id=”CZWy0auGaYwFALr4MayyhJR7kRkt8ZvY”]The contempt application follows a granting of a mandamus on the 18^th of September 2017, directing the GIS to restore  Mr. Sivaram’s work and residence permit within seven days.  But the Immigration Service as of today [Monday], October 01, 2017, has not complied with the court directive.

Meanwhile, the Indian businessman has petitioned President Nana Akufo-Addo to call the Minister of Interior and the Comptroller of the Ghana Immigration Service to order, over what he termed as harassment by the two.

Mr. Sivaram said he was constantly being harassed by officials of the Ghana Immigration Service, and he believes his frustrations are part of a grand scheme to transfer interests in his company, Jai Mai Communications Limited, to his business partner.

The Comptroller-General of the Ghana Immigration Service, Kwame Asuah Takyi, has however rejected accusations that he is conniving with the Interior Minister to frustrate the Indian businessman.

Background

The High Court last week ordered the Immigration service to restore the work and residence permit of Mr. Sivaram within seven days, after months of failing to do so, despite a decision quashing his deportation due to its illegal nature.

The court on July 31, 2017, quashed the deportation of Mr. Sivaram by the Interior Minister, Ambrose Derry.

According to the court, the Interior Minister exceeded his jurisdiction by determining fraud against the Indian businessman without recourse to the court.

But Mr. Sivaram, since his return to the country, has not been given a visa despite a court order.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Immigration Service boss cited for contempt appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to the Immigration Service, lawyers for the Service told the court there was nothing like a temporary visa hence their failure to issue it.

[contextly_sidebar id=”lOsdr6xJpGmKVrc3xaHio8cRNRezfeHG”]They also told the court that they had issued the businessman a passport retention slip, which gives him a legal stay in the country while they deal with his application for a permanent visa.

Responding to the revelation by the Immigration service, lawyer for the applicant, Gary Nimako, described as misleading the comments that his client applied for a permanent visa.

According to him, officials of the Immigration Service who attended to his client, directed him to pay an amount of five hundred dollars for a temporary visa.

The presiding judge, Naa Adoley Azu, after hearing the submissions of both parties, condemned the action of the Immigration service, and warned the representative of the Attorney General, Jasmine Armah, to stop laughing at the turn events and apologize for her actions.

She further warned officers of state to stop using the power available to them arbitrarily.

Application for mandamus

In his application, which named Mr. Takyi and Mr.  Dery as respondents, the businessman is praying for the restoration of his residence and work permit, which was cancelled by the GIS following his deportation on June 1, 2017, on the basis that his deportation was quashed by the High Court on July 31, 2017.

He is also praying for an order restraining the two, their agents, servants or anyone acting on their authority from “making any attempt to deport him from Ghana’’ or “harassing him until his application is determined’’.

Mr. Sivaram claimed that the GIS had refused to accept the money he paid as the requisite fee for his application for visa on arrival, which he claimed was “a deliberate attempt to decline his application.’’

He therefore wants the court to declare the purported action by the GIS as “unfair, unreasonable and not supported by law’’ and order for the GIS to accept the money and process his application for visa on arrival.

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By: Fred Djabanor/citifmonline.com/Ghana

The post GIS refuses Indian businessman permit despite court order appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to the court presided by Justice Naa Adoley Azu, the businessman’s rights must be respected.

The judge further asked the applicant to appear before the Immigration Service on Tuesday for the process to be completed.

The court’s order follows contradictions by the Comptroller General of Immigration Service, Kwame Takyi and the AG’s representative, Jasmine Armah over the regularization of businessman’s stay in Ghana.

While Mrs Armah insisted the businessman did not appear in person before the Immigration Service for regularization of his stay as ordered by the court, the Comptroller General, when put in the witness box told the court that Mr. Sivaram had appeared before him.

An Accra High court had earlier indicated that the Interior Minister breached the rule of natural justice by refusing to give the plaintiff a hearing after he had accused him of allegedly committing fraud.

The court on July 31, 2017, quashed the deportation of Mr. Sivaram by the Interior Minister, Ambrose Derry.

According to the court, the Interior Minister exceeded his jurisdiction by determining fraud against the Indian businessman without recourse to the court.

But Mr. Sivaram, since his return to the country has not been given a visa despite a court order.

The Indian businessman has also petitioned President Nana Akufo-Addo to call the Minister of Interior and the Comptroller of the Ghana Immigration Service to order over what he termed as harassment by the two.

Mr. Sivaram said he was constantly being harassed by officials of the Ghana Immigration Service and he believes his frustrations are part of a grand scheme to transfer interests in his company, Jai Mai Communications Limited, to his business partner.

The Comptroller-General of the Ghana Immigration Service, Kwame Asuah Takyi has, however, rejected accusations that he is conniving with the Interior Minister to frustrate the Indian businessman.

We’ve no agenda against Indian businessman

Meanwhile, the Comptroller-General of the Ghana Immigration Service, Kwame Asuah Takyi has rejected accusations that he is conniving with the Interior Minister Ambrose Dery, to frustrate an Indian businessman.

“He has misled the public. He has thrown dust into the eyes of the public. What would the Minister of Interior, honorable Ambrose Dery, gain by interfering in the business of a foreign expatriate… why should he?” Mr. Takyi asked in a Citi News interview.

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By: Fred Tettey Djabanor/citifmonline.com/Ghana

The post Immigration Service ordered to grant Indian businessman residence permit appeared first on Citi 97.3 FM - Relevant Radio. Always.

In a letter to DSI Amoako-Atta, Mr. Nimako said the DSI was either not briefed or was churning out “malicious falsehood to the public carefully calculated to dent my hard worn reputation.”

[contextly_sidebar id=”GxHMFB1TTm86qgKHLSs3YCCqwshZKfGK”]In a previous statement signed by DSI Amoako-Atta, that accused Mr. Sivaram of attempting to enter Ghana illegally after he was deported from the country, Mr. Nimako said direct attributions were made to him that were “inaccurate and malicious.”

Among the claims made in the Immigration Service’s press release, Mr. Nimako was said to have served the Minister for the Interior and the Comptroller-General of Immigration a motion on Notice, for mandamus to compel the Minister and the Comptroller-General of Immigration to restore the applicant Mr. Sivram’s residence and work permit.

The Immigration Service statement also said Mr. Nimako, representing his client, wrote a letter to the Service applying for a Visa-On-Arrival, which was rejected because of the application run contrary to the Immigration Act 573 and the Immigration Regulations 2001, 1691.

The Immigration Service said the correct procedure was for Mr. Nimako to have applied for the Entry Visa on behalf of his client and for the application to be granted before the client (Mr. Ashok Sivaram) entered the country.

But Mr. Nimako said, “in general response to the entire Press Release, I wish to respectfully inform you that it is proper to give a correct narrative of the sequence of events to the public in the interest of the Ghana Immigration Service. I therefore respectfully implore you to immediately retract the inaccurate and defamatory attributions made to be in your Press Release forthwith.”

Find Mr. Nimako’s full letter below

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By: citifmonline.com/Ghana

The post Gary Nimako demands apology from Immigration Service appeared first on Citi 97.3 FM - Relevant Radio. Always.

“On the 3rd of August, 2017, Mr. Ashok Sivaram attempted to enter the country illegally without an entry visa and this is in breach of section 4 of the Immigration Act, 2000, Act 573 which provides for the condition of entry into Ghana,” a statement from the Service stated.

Mr. Ashok had earlier petitioned President Akufo-Addo to call the Minister of Interior and the Comptroller of the Ghana Immigration Service to order over what he termed as harassment from the aforementioned personalities.

[contextly_sidebar id=”TY3ycvhHgWXbI9ArWTGwYgXJo1mzTp5M”]In the petition, he accused the Interior Minister, Ambrose Dery, Director/Comptroller of the Immigration Service, Kwame Takyi and Deputy Comptroller General in-charge of Operations, Laud Afrifa illegally deporting him in order to give his business partner an easy way to take over his company, Jai Mai Communications Limited.

He accused Mr Takyi of refusing to comply with a High Court order to regularize his stay in the country and asked the president to intervene in the matter.

“Mr. President, the action of the respondents is a deliberate ploy to render my status in the country without a valid permit in order to easily facilitate my removal from the jurisdiction. This action by the respondents is also a clear attempt to undermine the order for valuation of the company the by high court dated 5th May, 2017. Mr. President, I implore you as the father of the nation to graciously step in to resolve the matters raised in my petition. I shall forever be grateful to you for your prompt action on this matter,” he added in the petition.

But the statement signed by Michael Amoako-Atta, Head of Public Affairs at the Immigration Service rejected the allegations and adding that they have no interest in the feud between Ashok and his business partner.

“It is instructive to note that prior to Mr. Ashok’s deportation for security reasons, neither Honourable Minister for the Interior, Mr. Ambrose Dery nor the GIS had any knowledge of the suit between Sachin Nambeer and Ashok Kumar Sivaram (the Indian national) regarding the business matters which is of subject litigation in Court. The Immigration Service and the Minister of the Interior have no interests in the ongoing feud between Mr Ashok Kumar and his business associates. There is no ill-motive in the handling of the legality of Mr Kumar’s stay in the country. Mr. Ashok Kumar Sivaram is subject to the provisions of the Immigration Act 2000, Act 573,” the statement added.

Ashok files suit for working visa

Meanwhile, Mr. Ashok has filed a fresh lawsuit at an Accra High Court seeking an order to be given a temporary working visa in Ghana.

According to the lawsuit filed by his lawyer, Gary Nimako, the temporary working visa will enable Ashok live and work legally in the country while fighting his illegal deportation case in court.

Click here for the full statement from the Immigration Service:

–

By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post Indian businessman tried entering Ghana ‘illegally’ – Immigration appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to the lawsuit filed by his lawyer, Gary Nimako, the temporary working visa will enable him live and work legally in the country while figting his illegal deportation case in court.

An Accra High court had earlier indicated that the Interior Minister breached the rule of natural justice by refusing to give the plaintiff a hearing after he had accused him of allegedly committing fraud.

The court on July 31, 2017, quashed the deportation of Mr. Sivaram by Ambrose Derry.

According to the court, the Interior Minister exceeded his jurisdiction by determining fraud against the Indian businessman without recourse to the court.

The court also indicated that the Interior Minister breached the rule of natural justice by not giving the plaintiff a hearing after he had accused him of allegedly committing fraud.

But Mr. Sivaram, since his return to the country has not been given a visa despite a court order.

The Indian businessman has also petitioned President Nana Akufo-Addo to call the Minister of Interior and the Comptroller of the Ghana Immigration Service to order over what he termed as harassment by the aforementioned personalities.

Mr. Sivaram said he was constantly being harassed by officials of the Ghana Immigration Service and he believes his frustrations are part of a grand scheme to transfer his interest in his company, Jai Mai Communications Limited, to his business partner.

The Comptroller-General of the Ghana Immigration Service, Kwame Asuah Takyi has, however, rejected accusations that he is conniving with the Interior Minister to frustrate the Indian businessman.

We’ve no agenda against Indian businessman

Meanwhile, the Comptroller-General of the Ghana Immigration Service, Kwame Asuah Takyi has rejected accusations that he is conniving with the Interior Minister Ambrose Dery, to frustrate an Indian businessman.

“He has misled the public. He has thrown dust into the eyes of the public. What would the Minister of Interior, honorable Ambrose Dery, gain by interfering in the business of a foreign expatriate… why should he?” Mr. Takyi asked in a Citi News interview.

–

By: Fred Djanbanor/citifmonline.com/Ghana

The post Indian businessman files suit for working visa appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to the court presided over by Justice Ackah Boafo the detention of the Ashok was unlawful and undermines the courts earlier order overturning his deportation on Monday.

The Judge further asked the Indian national to deposit his passport with officials of the Immigration Service of the applicant and report to any designated officer of the Service on Tuesday for his stay to be regularized.

Mr.  Sivaram who returned to the country on Wednesday  was immediately arrested and kept in detention by officials of the immigration service at the airport until his release by the court today (Friday).

Explaining their decision to detain Ashok Kumar Sivaram, lawyer for the    Immigration Service Peter Claver Nantuo told the court the plaintiff in the case arrived in the country without a visa hence their action.

When further pressed by the judge to explain why Mr.  Sivaram had been in custody for forty eight hour without being charged, the lawyer could not give any reasons for the action.

Background

An Indian business man sued the Interior Minister and the Comptroller General of Immigration for unlawfully approving his deportation on grounds that he obtained a fake marriage certificate to enable his stay in the country.

The suit revealed that the “the Applicant was deported from Ghana on the said morning of 1^st June 2017 without any notice to him or being offered the opportunity to be heard on the allegation of forgery leveled against him.”

The court upon hearing the arguments of both sides on Monday delivered a judgment quashing the action taken by the two state officials, describing it has unlawful and breach of the fundamental human rights of the plaintiffs.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Court orders release of detained Indian businessman appeared first on Citi 97.3 FM - Relevant Radio. Always.

Essien and Boateng asked to be excused from the training sessions in Accra due to personal reasons but would join the team in the Netherlands.

Gyan, however, has indicated his support for the duo despite misgivings from the team’s fans.

” They had tangible reasons for their absence. They spoke to the technical staff and me about the situation.

They are my colleagues and we will meet them in Holland in a few days.

They gave an excuse which I found reasonable so I have no problems with them.”

The Black Stars are due to play a farewell match later on Friday against a select side before flying to the Netherlands on Saturday where they will play against the Dutch national team on the 31st May, 2014 in Rotterdam.

The team will the travel to the United States to play against South Korea in another pre-World Cup friendly before going to Brazil to take on the United States, Germany and Portugal in Group G of the World Cup.

LISTEN: Full Asamoah Gyan interview in our FC Africa show

By: Nathan Quao/citifmonline.com/Ghana

The post LISTEN: Gyan has no issues with Essien and Boateng absence from camp appeared first on Citi 97.3 FM - Relevant Radio. Always.

Find below the full list.

Goal Keepers
1. Adam Kwarasey
2. Fatau Dauda
3. Stephen Adams

Right Full Backs
1. Samuel Inkoom
2. Daniel Opare

Left Fullbacks
1. Harrison Afful
2. Jeffery Shclupp

Central Defenders
1. John Boye
2. Jonathan Mensah
3. Rashid Sumaila
4. Jerry Akaminko

Central Midfielders
1. Michael Essien
2. Sulley Ali Muntari
3. Rabiu Mohammed
4. Kwadwo Asamoah
5. Agyemang Badu
6. Afriyie Acquah

Right Midfielders
1. Christian Atsu
2. Albert Adoma

Left Midfielders
1. Andre Ayew
2. Wakaso Mubarak
3. David Akam

Strikers
1. Asamoah Gyan
2. Kevin Prince Boateng
3. Abdul Majeed Waris
4. Jordan Ayew

By: Mawuli Tsikata/citifmonline.com/Ghana

The post 2014 World Cup: Kwesi Appiah names 26 Man squad appeared first on Citi 97.3 FM - Relevant Radio. Always.