Court pronounces deportation of Indian businessman 'illegal'

An Accra High Court has declared the deportation of an Indian businessman, Ashok Kumar Sivaram, as illegal and an abuse of power by the Interior Minister, Ambrose Dery.

Mr. Sivaram, according to the deportation order, “acquired and submitted a forged marriage certificate in support of his application for citizenship by registering as a Ghanaian in 2015.

Based on this, the Minister of the Interior concluded that his continued presence in Ghana was not conducive to the public good and therefore ordered his deportation.

The applicant subsequently filed an order for judicial review in the form of a Certiorari, to quash the decision of the Interior Minister which had already been executed by the Ghana Immigration Service.

The court first dismissed the application by the AG seeking the dismissal of the application by lawyers of the aggrieved Indian businessman on grounds that the application was not properly before the Court.

The court held that contrary to the contention by the AG that the applicant should have sued the AG instead of the Minister of Interior, the court is of the opinion that the application for judicial review by way of certiorari is properly before the court.

The court further stated that its decision is premised on Article 141 of the 1992 constitution which gives the High Court the power to review decisions of lower Courts and other administrative bodies.

The court, presided over by Justice Kwaku Ackaah Boafo also held that the Minister for the Interior exceeded his jurisdiction when he issued the deportation order.

Additionally, the Indian National’s right to be heard was also breached by the Minister in that he was not given a fair hearing before his deportation was carried out.

The deportation order of the Minister of Interior issued against Ashok Kumar Sivaram has since been quashed and declared null and void.