THE REPUBLIC vs. HON. AMBROSE DERY AND KWAME TAKYI EX PARTE: ASHOK KUMAR SIVARAM

i. Introduction/Overview: [1] The primary question for resolution in this application is whether the Minister for Interior, the Honourable Ambrose Dery exceeded the powers conferred on him by his decision to deport an Indian National from Ghana on June 1, 2017. That decision was implemented by the 2nd Respondent, Mr. Kwame Takyi, the Comptroller of Immigration. [2] The Supreme Court per Adinyira JSC aptly stated the law that it is a basic principle of common law that Certiorari and Prohibition would be automatically granted to quash a judgment and to prevent a biased judge from hearing a suit upon satisfactory proof of breach of any principles of the rules of natural justice . [3] This is an application brought under Order 55 Rules 2 and 7 of the High Court (Civil Procedure), 2004 (CI 47) invoking the supervisory jurisdiction of this court for judicial review in the nature of Certiorari to quash the Order of the 1 Respondent, Minister of Interior made on May 15, 2017 and implemente...