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 "Criminal Justice"
140 results.
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
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
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
Extinguishing Ownership by Monopsony: The Unconstitutional Displacement of Ghana’s Cocoa Farmers’ Property Rights
The article argues that Ghana’s compulsory cocoa sales regime under COCOBOD unlawfully restricts cocoa farmers’ constitutional property rights by forcing them to sell to a state-controlled monopsony at prices they cannot negotiate. It concl...
Nicholas Opoku
Opinion
Tear Them Down to Pieces: The Marriage Between Divorce and Corporate Insolvency
This article explores the intricate relationship between divorce and corporate insolvency, particularly when married couples are business partners. It discusses how personal turmoil can destabilize a company, leading to potential insolvency...
Samuel Alesu, Esq.
Opinion
Access to Medical Folder ‘Brouhaha’: The Position of the Law
This article discusses the legal aspects of accessing medical records in Ghana, addressing questions of ownership, privacy, and patient rights. It emphasizes that patients have a right to access their medical records, despite hospitals ofte...
Isaac Gyeabour Ofori, Esq
Opinion
An Examination of the Scope of the Supervisory Jurisdiction of the High Court of Ghana
The article examines the supervisory jurisdiction of the High Court of Ghana under the 1992 Constitution, highlighting two contradictory Supreme Court decisions on the matter. It argues for the court's unfettered supervisory powers and urge...
Simon Okyere, Esq.
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
We are divorced. My wife is abroad!
In this humorous and exciting recount, the author discusses a television drama from her childhood in which a court upheld a man's argument that he was right in marrying another wife because his wife (married under the ordinance) was out of...
Bertha A. Aniagyei
Opinion
Of stunted growth, stretch marks and ‘K’ legs: The unlawful personal qualification criteria of Ghana Immigration Service
The author recounts the long queues and other forms of discomfort that characterized the recruitment processes by the Ghana Immigration Service recently and advocates for a refund of the monies paid by applicants who weren't selected
Francisca Serwaa Boateng
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
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
The Apex Court and Junior Counsel: Distinguishing Right of Audience from Professional Maturity
The article argues that while licensed junior counsel may have a legal right of audience after pupillage, appearing alone before the Supreme Court requires more than formal entitlement. It calls for renewed mentorship, professional humility...
Samson Lardy Anyenini
Opinion
The Rebirth of Legal Education in Ghana: Understanding The Legal Education Act, 2026 (Act 1170)
The article argues that Ghana’s Legal Education Act, 2026 (Act 1170) marks a major transformation of legal education by expanding access, modernising governance, and strengthening professional training standards. It presents the Act as the...
Sedinam Awo Kwadam
Opinion
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
In this article, the author examines the exceptions to the principle that the power to alienate property is linked with the capacity to litigate. By exploring various legal cases and statutory provisions, the author demonstrates that these...
Justice Alexander Osei Tutu
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
‘Article 71’ Office Holders and Retiring Emoluments, When Ex Gratia Meets Nemo Dat Quod Non Habet, Russia-Ukraine War, and during Debt Exchange – Reflections of a Citizen, Not a Spectator!!!
The article explores the subject of ex gratia paid to Article 71 office holders and questions its relevance under Ghana's socioeconomic situation and the legal principle of Nemo Dat Quod Non Habet
Frederick Gurah Sampson
Opinion
Special Leave to appeal to the Supreme Court; Some thoughts
The author discusses the position that even if a litigant breaches a constitutional provision or statute he should still be given the field day to access justice. Read more here
Derick Adu-Gyamfi
Opinion
The Circuit Court’s Jurisdiction in Ghanaian Land Disputes: A Jurisdiction at Large
This paper examines the misconception that the Circuit Court in Ghana is limited by a GHC 2,000,000 jurisdictional cap in land disputes. Through legal analysis, it argues that the Circuit Court’s jurisdiction in land matters—regarding owner...
Her Honour Judge Sedinam Awo Kwadam (Mrs.)