Controller-General of the Ghana Immigration Service (GIS) Kwame Takyi, seems to be evading service of court processes on three consecutive times in the case in which an Indian businessman has dragged him before an Accra High Court for contempt.
According to Gary Nimako Marfo, lawyer for Ashok Kumar Sivaram, Takyi was eventually served the documents of the application filed at the court on September 29, 2017.
Although the lawyer claims the GIS boss has been served the court processes, he was not in court yesterday when the contempt application was due to be heard before a General Jurisdiction Court.
Mr. Kwame Takyi, himself a lawyer, was said to have accompanied “the Minister” on an official assignment.
Jasmine Armah, representing the Attorney- General said Mr. Kwame Takyi does not know that the contempt application had been filed, urging the court to grant the respondent a short adjournment to enable the GIS boss appear before the court personally.
Gary disagreed arguing that Mr. Takyi is aware of the case and have not filed an affidavit in opposition to the case. He said failure by the GIS to file an affidavit in opposition is indicative of the fact that Mr. Takyi has already admitted being in contempt of the court.
“This is a lawyer who understands the full effect of the orders of the court… the seven days has elapsed but the orders of your sister (a judge) has not been complied with” he said.
Gary added: “my lord, this is a court of law, the law will be enforced and it has to be enforced…”
Jasmine who yelled at Garry to “sit down” compelled the judge, Justice Daniel Mensah to describe her as someone who has “hijacked my court.”
She said she had only filed a response to the case yesterday (Monday).
Gary, obviously unenthused by the seeming ambush fashion the response was filed retorted “my lord, when they file something they do not even have the courtesy to tell us…”
In an answer to a question from the Justice Mensah, Jasmine indicated that the respondents admit that there has been an order which has not been complied with insisting they had filed to stay the execution of the order.
To this, the judge said “once a judge makes an order that order must be obeyed…”
Asked for a date for the application to be heard Jasmine suggested November 13. Surprised by the reason for such a long adjournment Ashok’s lawyer noted: “even if they say next year, that date will come…”
The businessman wants the court to jail the GIS boss over his failure to carry out the orders of the court. According to Ashok the orders of the court were clear, unambiguous and the respondent knows what to do.
The Court presided over by Mrs. Justice Naa Adorley Azu on September 18, 2017 ordered Mr. Takyi to restore within seven days Ashok’s work and residence permit he had earlier cancelled.
The applicant in an affidavit in support of the application for committal said although the GIS boss is aware of the decision of the court he is adamant.
It said “the respondent knows or ought to know that the orders of the court are valid and must be complied with.”
The application for committal further argued that it is patently clear that Mr. Takyi being a professional lawyer knows the full force and effect of the court orders insisting that “…and thus his decision not to restore my residence and work permit within the seven days as ordered by the court is a deliberate and willful attempt to undermine the authority of the high court”.
Source: Jeffrey De-Graft Johnson/ thePublisher