Opinion
Allodial interest under the Land Act, 2020: Some thoughts
The article discusses the position and seeming challenges with allodial interests under Ghana's Land Act, 2020
Justice Alexander Osei Tutu
Results for "Commissioner General"
2914 results.
Opinion
Need for a month’s notice before issuing writ for legal fees: Protecting the Poor’s Purse or Tyranny of Tradition?
This article seeks to examine the continuous relevance of the one month’s notice requirement in the law in the light of the 1992 Constitution and other legislations that have abandoned such requirements
Francisca Serwaa Boateng
Opinion
Klomega (no.2) v. Attorney-general, Ghana Ports and Harbours Authority and others: A missed opportunity to strengthen public financial management
The author examines the Court’s decision in Klomega and its implications for public financial management and accountability.
Nicholas Opoku
Opinion
Stay of Proceedings of A Case: A Legal Gymnastics Tool to Delay Proceedings Before a Trial Court?
The article explains that merely filing a repeat application for stay of proceedings, or an application for certiorari or prohibition, does not automatically halt proceedings before a trial court. A stay only arises where the trial or appel...
Francis Obiri
Opinion
The Pretrial Detainee in Ghanaian Civil Litigation: A Constitutional and International Human Rights Appraisal of Order 73 Of C.I. 47 and Order 12 of C.I. 59; A Case for the Expungement of Absconding Warrants from Ghanaian Civil Procedure
This article argues that Ghana's civil procedure rules—specifically Order 73 of C.I. 47 and Order 12 of C.I. 59—violate constitutional and international human rights by allowing pretrial detention of civil defendants based solely on unprove...
Sedinam Awo Kwadam
Opinion
The Intricacies of Hearsay Evidence: A Legal Conundrum
The article critiques the complex application of the hearsay rule in Ghanaian law despite statutory reforms under the Evidence Act, 1975 (NRCD 323). It argues that the trial judge in the Opuni case misapplied the law by relying on an inappl...
Derick Adu-Gyamfi
Opinion
The Termination Tightrope: Navigating the Balance between Employer Rights and Employee Protections
This article examines the tension between employer rights and employee protections in Ghana's labor law, particularly regarding termination. It critiques the Supreme Court's reliance on outdated common law principles that allow employers to...
Martin Waana-Ang & Joshua Mbowura
Opinion
Natural Resources, The Environment and the Constitutional Review Committee’s Recommendations: Why Government Should Reconsider Its Position
The article critiques the Government of Ghana’s rejection of proposed constitutional reforms on natural resource governance and environmental protection. It advocates stronger constitutional safeguards for public trusteeship, sustainability...
Anthony Danquah
Opinion
When the Clock Trumps the Merits: A Critical Examination of the Supreme Court's Decision In Ex Parte Nyindam and Its Implications for Democratic Governance
The article critiques the Supreme Court’s decision in Ex parte Mathew Nyindam, which quashed the Kpandai election-petition judgment because the petition was filed outside the mandatory 21-day statutory period. It argues that the Court eleva...
Nii Kpakpo Samoa Addo
Opinion
Presumption of Innocence Undermined: How Ghana’s 2018 Criminal Disclosure Regime Violates The Rights To Silence And Innocence; A Case For A Two-Phased Case Management Regime in Criminal Trials
This article argues that Ghana’s 2018 Criminal Disclosure and Case Management Practice Directions, though aimed at efficiency, fundamentally undermine the presumption of innocence and the right to silence by compelling premature defence dis...
Sedinam Awo Kwadam
Opinion
My Lord! To be or not to be? [Part 1]
This article examines the process of becoming a judge in Ghana, outlining the recruitment procedures, conditions of service, postings, transfers, leadership expectations, and the exclusivity of judicial roles. It provides insights into the...
Bertha A. Aniagyei
Opinion
Deep Cracks in the Patent System as Revealed by Covid-19 Vaccine Manufacture
The article explores flaws in the patent system exposed by COVID-19 vaccine manufacturing, particularly the insufficiency of disclosure requirements. It argues that despite the legal obligation for patentees to disclose inventions, third-pa...
Prince Nketia
Opinion
Fixing of dates for hearing applications (Generally) in the Supreme Court - What have we fixed?
It has always been the established practice of the courts that dates for hearing applications are fixed by the respective Registrars of the courts in the registries in which the applications are filed. This is done at the time of filing suc...
Thaddeus Sory, Esq.
Opinion
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law - Navigating the Procedural Nuances
In this article, the author discusses the procedural nuances on proceeding in a suit for declaratory reliefs where a Defendant defaults in taking a step, discusses some judicial decisions in this regard, explore the options available to suc...
Frederick Gurah Sampson
Opinion
Revisiting the Right to Counsel in Light of the Introduction of Plea Bargaining in Ghana
This paper seeks to discuss the general right to counsel, its current application in Ghana, and how the right is central to the effective administration of plea bargaining.
E. K. Bidzakin
Opinion
Beyond the "Koo Kaa": Safeguarding Ghana's forest reserves
The article intends to ensure that beyond the discussions and debates on the degazetting of portions of the Achimota Forest, concrete steps are taken at clarifying the legislative framework for the management and utilisation of forest resou...
Clement Kojo Akapame
Opinion
Adisa Boya v. Zenabu Mohammed: A Judicial Incision – How the Supreme Court Created an Exception Without Overruling Estate Law Precedents.
An analysis of Adisa Boya v. Zenabu Mohammed, where the Supreme Court carved out an exception to estate law by allowing intestate heirs to sue without Letters of Administration, balancing legal formality with justice.
Kofi Annan
Opinion
The Judicial Powers of the Judicial Committee of a Traditional Council
This article examines the judicial powers of the Judicial Committee of a Traditional Council in Ghana, outlining its composition, jurisdiction, appointment process, and adjudicatory functions in chieftaincy disputes. It also discusses appea...
Richard Appiah Kubi
Opinion
Review of the Supreme Court’s Ruling to halt the Ruling of the Speaker of Parliament: Does it amount to an unconstitutional usurpation of Parliamentary Powers by the Supreme Court of Ghana?
The article critiques the Supreme Court of Ghana's decision to suspend the Speaker of Parliament's ruling on vacant parliamentary seats, arguing that it amounts to an unconstitutional usurpation of Parliament's powers. The author contends t...
Joseph Kwaku Asamoah, PhD.
Opinion
Unmasking the Scope of Jurisdiction of a Court and Avoiding Judicial Journalism – A Look at Anas A. Anas v Kennedy Agyapong
The article examines the scope of a court's jurisdiction and the limits of judicial commentary in the context of the Anas A. Anas v. Kennedy Agyapong case. It discusses whether a trial judge overstepped by making defamatory statements and c...
Bobby Banson