Opinion
Exposition of the current position of the law on corruption, anti-money laundering and narcotics
Presentation at the Association of Magistrates and Judges Conference on 29th September, 2021 by Justice Dennis Adjei
JUSTICE DENNIS ADJEI
Results for "Justice Atuguba"
3253 results.
Opinion
He who alleges must prove
I keep reading this argument that because article 64 proceedings are ‘SUI GENERIS,’ (to wit of its own kind; unique) somehow, known rule of evidence do not or should not apply, and that the common law-based adversarial system of justice sho...
ghanaweb.com
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
Intestate Succession in Ghana: How PNDCL 111 Shapes Families After Death
The article examines how Ghana’s Intestate Succession Law, 1985 (PNDCL 111) protects spouses and children while exposing ongoing challenges in modern family structures, estate administration, and succession disputes. It ultimately argues th...
Naa Awura Dede Osabutey
Opinion
Understanding the energy impacts of the Maduro arrest
The article argues that the reported Maduro arrest should be understood not only as a geopolitical event, but as an energy law and policy shock. It explains how legal risk, sanctions, dollar-priced energy trade, and currency pressure can af...
Lom Nuku Ahlijah
Opinion
The Land Act: A Model For Integration Of Customary Law Into A Modern Legislation
Ghana’s Land Act, 2020 exemplifies a landmark effort to integrate customary law into modern statutory land governance by codifying indigenous principles, promoting fiduciary accountability, and ensuring legal recognition of customary intere...
Justice Alexander Osei Tutu
Opinion
Contemplating Appeal of Widow Wars: Can Daddy Lumba’s Legendary Love Story Survive the Courtroom? A Comprehensive Analysis of the High Court Judgment in Suit No. GJ12202026
The High Court judgment in Suit No. GJ12202026 upheld the validity of a customary marriage over a contested foreign civil marriage, emphasizing evidentiary shortcomings in proving the latter. The article evaluates the court’s reasoning and...
Kofi Annan
Opinion
Wombs for Rent: The Ethics of Commercial Surrogacy
This article explores the ethical, legal, and cultural tensions surrounding commercial surrogacy in Ghana, emphasizing the need for comprehensive legislation. It compares international regulatory models and debates the merits and risks of c...
Joyann Obeng and Lais Pinheiro
Opinion
A Separate Economic Life in Marriage
The Supreme Court of Ghana has clarified that spouses can maintain separate economic lives during marriage and that property acquired during marriage is no longer presumed to be jointly owned. This marks a significant departure from previou...
Kwame Boafo Akuffo Esq
Opinion
Law and Society: Are We Playing Ostrich with the Current Realities of the Family System and Confusion Associated with Funerals in Ghanaian Communities?
This article critiques the dissonance between Ghana's evolving nuclear family dynamics and outdated customary laws governing funerals and inheritance. It advocates for legislative reform to grant nuclear families legal authority over burial...
Afia Serwah Asare-Botwe
Opinion
Incorporating Companies in Ghana: Legal Requirements for Companies Limited by Shares and Companies Limited by Guarantee
This article provides a detailed analysis of the legal and procedural framework for incorporating companies in Ghana, particularly companies limited by shares and by guarantee. It also examines foreign investment regulations, statutory requ...
Elizabeth Asantewaa Ofori and Rosebella Nueki Thompson
Opinion
From Aspiration to Action: The Urgent Call to Enforce Ghana’s Socio-Economic Rights Historical context and international backgrounds
This article examines the legal and constitutional debate in Ghana over the justiciability of economic, social, and cultural rights under Chapter 6 of the 1992 Constitution. It argues that making these rights enforceable is essential to ful...
Asaanah Ronald Akunai
Opinion
Are Litigation Lawyers Working for Their Court Clerks?
The article discusses the vital yet underappreciated role of law clerks in Ghanaian litigation practice, highlighting financial risks associated with their responsibilities due to a lack of oversight. It proposes measures such as digital pa...
Dennis Adjei Dwomoh Esq.
Opinion
Medical Victims Compensation ‘Wahala’: The Role of the Law
This article highlights the lack of statutory frameworks for compensating victims of medical negligence in Ghana, emphasizing the reliance on the outdated Bolam rule. The author proposes a no-fault compensation model, similar to Ghana's Mot...
Isaac Ofori Gyeabour, Esq.
Opinion
Revocation of L.I on Mining in Forest Reserves: What is the Role of Parliament?
This article discusses the revocation process of Legislative Instruments (L.I.s) in Ghana, focusing on the limited role of Parliament in this process. Drawing from Supreme Court rulings, it argues that Parliament's involvement is constraine...
Clement Kojo Akapame
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
Therapeutic Exception: The Doctor’s Veto in a Legal Dilemma
This article explores the concept of therapeutic exception, examining whether a surgeon is liable for not disclosing a 1% risk of partial paralysis to a patient who later experienced this outcome post-surgery. It contrasts the legal perspec...
Isaac Ofori Gyeabour, Esq
Opinion
Right to Sue on Behalf of the Family: Settled Principles & Unsettling Surprises
The article discusses the legal principle in Ghana concerning the capacity of family members to sue and be sued regarding family property. It examines historical and modern interpretations, significant case law, and statutory provisions.
Justice Alexander Osei Tutu
Opinion
Raising Legal Objections and the Role of the Judge
The author, a Circuit Court Judge, Ofaakor expertly discusses the matter of Objections raised in courts and offers practical insights for Judges to observe
H.H Malcolm, Ewoenam Bedzrah Esq.
Opinion
Resisting Juristocracy in Ghana: Why the Supreme Court's decisions on Property Rights of Spouses have no constitutional basis
It is the firm view of the present author that when Parliament went to sleep, the Supreme Court assumed legislative functions and purported to implement the provisions of Article 22(3) of the Constitution through constitutional interpretati...
Daniel Korang