According to the court made up of three justices, the application and argument by the AG were unmeritorious, hence their decision to dismiss it. The decision by judges brings to four, the number of times the state has lost in its bid to have the businessman thrown out of the country.

[contextly_sidebar id=”8K5n3xyUBPXEnhnnAfLC7belOx0N8e0p”]Wednesday’s ruling follows a new application filed by the Attorney General represented by a state attorney, Jasmine Armah, after it withdrew a similar one last week without any reasons.

The state has been seeking a stay of execution after it was ordered by the High Court to within seven days restore the work and residence permit of the Indian Businessman.

Background

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.

The High Court in September 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.

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.

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By: Fred Djabanor/citifmonline.com/Ghana

The post AG’s application against Indian businessman dismissed again appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Presiding judge, Justice Naa Adoley Azu, explained that her decision was to prevent Mr. Ashok from being at the mercy of the Immigration Service, while dealing with his legal issues in Ghana.

She also dismissed the Attorney General’s argument that the non-granting of the stay application will amount to interference of the work of the Immigration Service as statutory bodies are not above the law.

[contextly_sidebar id=”XBP4iDWJLIeZPetQvDU7SCDTXIVO6yak”]Justice Azu also questioned the argument by the Attorney General to the effect that security of the nation would be at stake if the stay of execution was not granted.

The Attorney General represented by Jasmine Armah, arguing the application, told the court that if the stay is not granted, it will serve as a precedence for others to use the court to get legally revoked permits overturned.

She added that the restoration order will also be a direct interference with the work of the Immigration Service.

On his part, lawyer for the businessman, Gary Nimako, objected to the application, arguing that the Attorney General has not demonstrated in any way the irreparable damage it would have to deal with, if the stay was not granted as per law.

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 Mr. Ashok’s deportation.

Argument for adjournment

The Attorney General’s representative, Jasmine Armah, before going ahead to move her application on Friday, prayed for an adjournment of the case because she had not seen and read the affidavit in opposition filed by the respondents, and served on her office on the 28th of September.

She also told the court that she needed instructions from the AG before responding to the affidavits

Her prayer was objected to by the opposing lawyer, who indicated that the application was incompetent hence the move by the Attorney General.

He later withdrew his affidavit forcing the Attorney General to go ahead with the case.

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By: Fred Djabanor/citifmonline.com/Ghana

The post AG’s stay of execution plea against Indian businessman dismissed appeared first on Citi 97.3 FM - Relevant Radio. Always.