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 “sunday laws”
97 results.
Opinion
Ghana Is Punishing Speech with a Law from 1839
The article argues that Ghana’s continued use of criminal offences such as “offensive conduct” and “publication of false news” undermines constitutional free speech protections and revives colonial-era tools of speech control. It also criti...
Martin Waana-Ang
Opinion
The Cannabis Case: An Unnecessary Intrusion into Parliament’s Legislative Powers?
The Supreme Court has had the occasion to review the law-making powers of Parliament in both substantive and procedural respects relating to the use of cannabis. The writers seek, in this article, to share their views on the Cannabis Case a...
Benjamin Tachie Antiedu and Goodnuff Appiah Larbi
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
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
Opinion
The cabotage regime: Any lessons for Ghana?
The author urges Ghana to take lessons and strategic considerations in passing a Cabotage regime that is progressive, practical and with some degree of liberalisation. Find out why.
Chief Obosu Mohammed
Opinion
Can the ordinary Ghanaian plead Ignorance of Law?
The author inquires into the question of whether or not an ordinary Ghanaian can plead ignorance of law if found to be in conflict with the criminal laws of Ghana, drawing from the recent case involving Ghanaian entertainment personality, R...
Benjamin Tachie Antiedu and Goodnuff Appiah Larbi
Opinion
“Agent For Plaintiff”: A Fatal Misnomer; Why Ghanaian Lawyers Are Unwittingly Forfeiting Their Protections Through the Misdescription of Counsel in Ghanaian Civil Procedure: An Analysis of the Doctrine of Solicitor-Solicitor Agency vs. Lawyer-Client Reality
The article argues that endorsing a writ with “Agent for Plaintiff” wrongly treats the lawyer-client relationship as an agency relationship, whereas Order 2 rule 5(1)(b) of C.I. 47 concerns one lawyer acting as agent for another lawyer. It...
Sedinam Awo Kwadam and Kwadwo Owusu-Ansah
Opinion
Fidelity to the Law or to the Public: Patricia Asieduwaa v The Republic, A Test Case for Judicial Independence in Ghana
This article argues that judicial independence requires unwavering fidelity to the law rather than public sentiment, especially in high-profile criminal cases. It defends the appellate reduction of Patricia Asieduwaa’s sentence as legally s...
Albert Gyamfi Esq.
Opinion
Entrapment in Investigative Journalism, Uncovering the Truth or Distorting Reality? - A Case Study of His Lordship Justice Paul Uuter Dery & 2 ors vrs The Republic of Ghana Suit No: ECW/CCJ/APP/42/16 (Ecowas Community Court of Justice)
This article critically examines the ethical and legal implications of using entrapment in investigative journalism, focusing on a case involving Ghanaian judges accused of corruption following an undercover investigation by journalist Anas...
Nii Kpakpo Samoa Addo Esq
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
Rethinking Malicious Prosecution; A Discussion on the Tort of Malicious Prosecution within the Constitutional Framework of Ghana.
The article argues that the tort of malicious prosecution, as received under common law, is problematic in present-day Ghana under Article 88. The author suggests that the proper defendant in such cases should be the Attorney General, who i...
Reindorf Twumasi Ankrah, Esq.
Opinion
The departure which must itself be departed from-Comment on the Supreme Court Decision of GHANA TELECOMMUNICATIONS CO. LTD & ANOR v ATTA VI.
This writer submits that the Ogyeadom case could never, as perceived by the Court, have settled the question whether or not the Court is jurisdictionally competent to entertain and grant an application for stay of execution pending the dete...
Thaddeus Sory
Opinion
Section 2A of the Income Tax Act, 2015 (Act 896) of Ghana (As Amended): A Drafting Error or a Case for the Exercise of Discretion?
"The author of this Article is of the considered opinion that Parliament intended to use the word “shall” in section 2A (1) of Act 896 (as Amended) and that the word “may” was used in error."
Charles Acquah
Opinion
ADR for ‘Galamsey’: A curious proposition?
This article gives an overview and explores the use of ADR in settling disputes. In particular, the article discusses the suggestion that has been made recently, proposing the use of ADR to handle ‘galamsey’ cases.
Francisca Serwaa Boateng
Opinion
IGP’s affront to the British High Commissioner: Why it is wrong?
An agent of government and for that matter, a State security agent or the Police Service of a State is not a party to the Vienna Convention on Diplomatic Relations of 18 April 1961, which universally governs diplomatic relations among Sate-...
Oswald K. Seneadza
Opinion
Invoking the Supervisory Jurisdiction of the Supreme Court of Ghana. The Case of a Meddlesome Interloper (Busybody)
The Ghanaian courts have allowed the efflorescence of legal doctrines as necessary nutrients for the enjoyment and development of rights and obligations under the law within the Ghanaian jurisdiction. One such procedural doctrine is LOCUS S...
Kwame Richard Klu and Kwame Yaro Appiah
Opinion
The Decline of Allodial Title in Ghana
The article retraces the circumstances that have contributed to the decline of allodial interests/titles in Ghana's land law, including provisions in law that have contributed to this realization
Justice Alexander Osei Tutu
Opinion
Better off divorced than widowed?
The author discusses whether or not women are better off divorced with regard to their access to spousal property during the dissolution of the marriage compared to what pertains upon the death of a husband intestate given the current appli...
Afia Serwah Asare-Botwe
Opinion
Vehicles Do Not Commit Crimes: Registered-Owner Liability, the Presumption of Innocence, and the Legality of TRAFFITECH-GH
The article challenges the legality of Ghana’s TRAFFITECH-GH system, arguing that registered vehicle owners cannot automatically be held criminally liable for traffic offences committed by others. It contends that such liability violates th...
Albert Gyamfi Esq.