[2018]DLSC261March 8, 2018Supreme Court

THE REPUBLIC vs. HIGH COURT (GENERAL JURISDICTION ‘5’) ACCRA EX PARTE: THE MINISTER FOR THE INTERIOR AND THE COMPROLLER-GENERAL OF IMMIGRATION SERVICE [ASHOK KUMAR SIVARAM -INTERESTED PARTY]

The interested party, an Indian national, was lawfully resident in Ghana before being deported on orders of the Minister for the Interior and executed by the Comptroller-General of Immigration Service. The deportation order was quashed by the High Court. The interested party re-entered Ghana without a visa, was detained, and subsequently released by Habeas Corpus order. He applied to the High Court for mandamus to compel the Minister and Comptroller to restore his residence/work permit and issue a visa on arrival. The High Court granted the mandamus and injunction orders, which the applicants challenged by invoking the Supreme Court's supervisory jurisdiction.

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The applicants herein seek to invoke this court's supervisory jurisdiction for an order of certiorari to quash the decision and/or order of the High Court, General Jurisdiction 5, dated 18th September 2017. The background facts recount that the interested party herein, an Indian national, has been lawfully resident in this country for a number of years prior to his deportation from the country on the orders of the 1st applicant herein, the Minister for the Interior (hereafter called the Minister) dated 15th May 2017 and carried out by the 2nd applicant herein, the Comptroller-General of Immigration Service (hereafter called the Comptroller), on 1st June 2017. On the same day of his deportation, the Comptroller cancelled the residence/work permit of the interested party. Following an application made on behalf of the interested party herein, the High Court, presided over by His Lordship Justice Kweku T. Ackaah-Boafo, revoked the deportation order in a ruling delivered on 31st July 2017....