Opinion
The Unambiguous Constitutional Answers to the Question of Citizenship by Birth
The author raises critical questions on the question of citizenship by birth and the ambiguous position of identification by a birth certificate
Richard Nunekpeku
Results for “Constitutional review”
115 results.
Opinion
From Deforestation To Gas Flaring, Environmental Harm May Now Be Prosecuted As An International Crime By The ICC. Here’s What Ghana Needs To Know, And What We Can Do
The ICC’s new policy recognizes severe environmental destruction as a potential international crime, empowering countries like Ghana to prosecute such offenses. Ghana’s plan to establish specialized environmental courts showcases leadership...
Sedinam Awo Kwadam
Opinion
Assessing The “MahamaCare” Policy: A Mirage or a Reality Towards Achieving a Universal Access to Healthcare in Ghana
The article critically evaluates Ghana’s new “MahamaCares” health policy, exploring its potential to address chronic non-communicable diseases and achieve universal healthcare access. While well-intentioned, the policy's operational gaps, d...
Silas Udia Osabutey
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
From Courtrooms to Conscience: Reflecting on Saint Alphonsus Liguori as Ghanaian Lawyers Pause (Legal Vacation)
This reflective piece explores the profound alignment between Ghana’s legal vacation and the Memorial of Saint Alphonsus Liguori, the lawyer-turned-saint whose journey from courtrooms to priesthood offers timeless lessons in humility, justi...
Kofi Annan
Opinion
Remedies Under Ghanaian Company Law: Addressing the Gap for Aggrieved Directors, Shareholders, and Secretaries
This article examines the deficiencies in Ghanaian company law regarding remedies for aggrieved directors, shareholders, and secretaries affected by unauthorized changes in company records. It highlights the lack of a non-judicial route for...
Anthony Danquah
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
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
Expanding the Tax Net in Ghana: An Assessment of Equity and Good Tax System Principles
This article delves into Ghana's tax system, identifying key challenges such as informal sector integration, low compliance, and systemic complexity. It proposes reforms inspired by global best practices to improve revenue generation, equit...
Nkrumah Daniel Kofi Kyere Esq & Azanya Abraham Maslow MCiARB
Opinion
Of language and Copyright: Defe Defe, Pasaa, Pasaa, Doso, Doso
This article critically examines the copyright dispute between Team Eternity and Kwame Mickey over a song’s chorus. It explores whether the phrase “Manhyia Nyame anka .. yay3/abonsam /ay3 defe defe” is copyrightable and if the similarities...
Samuel Appiah Darko
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
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
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
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
Plea bargaining in Ghana: The Inception of Act 1079
This article focuses on what plea bargaining is, the position of the Ghanaian criminal law on plea bargaining prior to Act 1079, the enactment of Act 1079, the benefits of plea bargaining, proposed implementation for plea bargaining as well...
Nana Ama Dankwaa Kessey Adinkrah
Opinion
International Trade Relations After the COVID-19 Pandemic: Africa Rising?
The author considers the definitive question of what COVID-19 will really do to international trade in Africa with recent advancements in establishing the AfCFTA secretariat
Alex Ansong
Opinion
The E- levy and matters arising. Is our rage justified or are we at our nagging best?
The author discusses the proposed levy in the light of our prevailing tax policy, our economic state as a nation and hysterically, our vigorous pursuit of the ‘kamikaze’ button in our digital inclusion agenda.
Jonathan Alua
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 appointment of Directors – The critical step towards the survival and growth of companies
The author evaluates the general legal qualification requirements for the appointment of directors and makes a case for the institutionalisation of a robust leadership and professional checklist as a necessary and complementary requirement...
Richard Nunekpeku
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