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.
Results for "defamation trial"
69 results.
Opinion
The Propriety or Otherwise Of Order 73 Of CI 47 in Light of Ex Parte PPE Ltd & Paul Juric and Martin Kpebu (No.1)
This article evaluates Order 73 of CI 47 in the context of Ghana's 1992 Constitution, focusing on its implications for personal liberty under Article 14(1)(c). It argues that Order 73's allowance for civil defendants' arrest conflicts with...
Her Honour Sedinam Awo Kwadam & Emmanuel Babuboa
Opinion
The Law 101 – Plea Deals: Justice made swifter and surer
The article explains that plea bargaining is a lawful, regulated, and long-recognised feature of Ghana’s criminal justice system, strengthened by Act 1079 to promote faster justice, restitution, accountability, and judicial oversight.
Samson Lardy Anyenini
Opinion
Locus Standi of a Stranger to a Judgment; Analysis on the Decisions in Jacques v Harrison, Gbagbo v Owusu & Lamptey v Hammond
In this paper the author delves among others, into various cases and examines how a person can acquire locus standi to fall into the rule in Lamptey v Hammond.
Derick Adu-Gyamfi, Esq.
Opinion
Confession Statements: A Quick Look at the Law and Practice
One of the most jealously guarded rights that is guaranteed to an accused person is the right against self-incrimination. It is one of the first things every accused person hears about immediately he is arrested.
HH Malcolm Bedzrah
Opinion
Repeat applications in Criminal Procedure
Repeat applications are recognized and permitted in criminal procedure and are more common with bail applications. What is a repeat application and when can one file same? Learn more in this article.
Selasi Kuwornu
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
‘Robo-Justice’: A Critical Examination of Artificial Intelligence (AI) Adoption in Ghana’s Legal System
The article explores how AI is reshaping Ghana's legal system, emphasizing both its efficiency benefits and the ethical and procedural risks it poses. It concludes that while AI can aid legal processes, it cannot replace human judgment, and...
Elizabeth Asantewaa Ofori and Goodnuff Appiah Larbi
Opinion
To Plead Or Not To Plead Guilty? An Appraisal of Plea Bargaining In Ghana.
The article appraises plea bargaining in Ghana, focusing on its development under the Criminal and Other Offences Procedure Amendment Act 2022, Act 1079. It explains the types of plea bargaining, its historical context, and its implications...
Gloria Teye
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
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
Change of representation: The law and its implication
A party that acts by a lawyer may change its representation during the trial. However, this can only be done by strict compliance with certain mandatory requirements outlined in both the C.I. 47 and Act 32. The author discusses these requir...
Noah Ephraem Tetteh Adamtey
Opinion
A still borne piece of law, and rightly so declared in the case of Origin 8
Last week, we published an article written by Justice Eric Kyei Baffour titled "An examination of the case of Origin 8 and C.I. 132: A still born Piece of Law or an Austere Interpretation by the Supreme Court" in which the learned Court of...
Thaddeus Sory
Opinion
Does A Poisonous Mango Tree Necessarily Bear Poisoned Mangoes?: The “Fruit of the Poisonous Tree” Doctrine’s Applicability in Ghanaian Evidence Law
The article examines the “fruit of the poisonous tree” doctrine and how Ghanaian courts deal with evidence obtained through unlawful or unconstitutional means. It explains that, following Raphael Cubagee v Michael Yeboah Asare & Others, Gha...
HH Malcolm Bedzrah
Opinion
The Concept Of Family: A Vexed Issue In Our Legal Jurisprudence
The article examines the meaning of “family” under Ghanaian customary law, including how family membership and headship are determined, and emphasizes that these questions often depend on the customs and evidence of the particular family. I...
Francis Obiri
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
Insanity of an Accused Person: A Look at Mental Health Issues in Ghanaian Criminal Proceedings
This writeup seeks to expand on the laws governing mental health issues of accused persons in criminal proceedings. In consideration is the existence or otherwise of legislative safeguards in situations where an accused person is faced with...
Nana Ama Dankwaa Kessey Adinkrah
Opinion
Summary Judgments in Land Litigation; A ‘Quickie’ Path to Obtain Judgments? To Move or Not To Move, The Quagmire of the Practitioner?
The burden of the author in this article is to review the law on Summary Judgment, discuss the two opposing views of whether same can be granted in land matters or not, attempt to fill the vacuum and draw a conclusion that a party may not b...
Frederick Gurah Sampson
Opinion
An examination of the case of Origin 8 and C.I. 132: A still born Piece of Law or an Austere Interpretation by the Supreme Court
The Supreme Court on 18th January 2022 rendered its reasons in the case of of Republic v High Court, (Criminal Division 9), Accra Ex Parte Ecobank Ghana Ltd; Origin 8 & Anor (Respondents & Interested Parties). This is a case which bothered...
Justice Eric Kyei Baffour
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