Ruling: High Court judge erred in restoring work permit to Indian businessman

Ruling: High Court judge erred in restoring work permit to Indian businessman
Source: Ghana|Joy News| Joseph Ackah Blay
Date: 08-03-2018 Time: 01:03:18:pm
Ambrose Dery, Interior Minister

The Supreme Court has quashed an Accra High Court decision ordering the restoration of the residence and work permit of an Indian Businessman.

According to the Justices of the Supreme Court, the high court judge erred in granting the order.

The unanimous decision read by Justice Gabriel Pwamang indicated that the judge exceeded her jurisdiction in making the order.

The justices also added that the restoration could not be granted in this situation when the businessman has not gone through the administrative process of getting the revocation addressed.

Ashok Sivaram has over the past nine months been battling the Interior Ministry and Immigration service over his revoked permit.

On separate occasions, the High Court ruled in favour of the businessman and ordered an immediate restoration of his license. 

The Immigration service has since appealed the decision at the court of Appeal but further headed to the Supreme Court to set aside the order for restoration.

The apex court held that the businessman failed to exhaust the administrative procedure in his quest to challenge the revocation of his permit.

Justice Pwamang said under the Immigration Act, he should have petitioned the Minister when the Immigration revoked the permit.

He further stated that the High court, therefore, did not have jurisdiction to hear the matter.

Ashok Sivaram was arrested and deported in June 2017 over allegations of fraud, something he has vehemently denied.

He also filed a suit against the Interior Minister and the Director of Immigration challenging his deportation and demanding a restoration of his work and residence permit.