Opinion
Blue Law: An Insight
The interesting subject of Blue laws is the focus of this article, including its applications in Ghanaian law
Justice Alexander Osei Tutu
Results for "Repeal of Article 55(3)"
1198 results.
Opinion
Justice Beyond The Courtroom: Law, Dialogue, and Values in Building A Peaceful and Stable Democratic Society in Ghana
This lecture argues that justice in Ghana must extend beyond courts into homes, schools, communities, and public institutions, where dialogue, fairness, and accountability are first learned and practised. It contends that a peaceful and sta...
Justice Paul Baffoe-Bonnie
Opinion
My Lord! To be or not to be? [Part 1]
This article examines the process of becoming a judge in Ghana, outlining the recruitment procedures, conditions of service, postings, transfers, leadership expectations, and the exclusivity of judicial roles. It provides insights into the...
Bertha A. Aniagyei
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
Execution of shares in Ghana: A Practitioner’s Guide
This Article discusses the process of execution of shares in Ghana vis-à-vis the possibility of such process being hindered by an express restriction in the constitution of a private company
Reginald Nii Odoi
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
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
Time’s Up For Justice? Why Ghana’s Human Rights “Expiry Date” Must Go
The article argues that Ghana’s six-month procedural time limit for enforcing fundamental human rights under Order 67 Rule 3 unlawfully restricts access to constitutional justice. It contends that fundamental rights cannot be extinguished b...
Sedinam Awo Kwadam
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
The Intricacies of Hearsay Evidence: A Legal Conundrum
The article critiques the complex application of the hearsay rule in Ghanaian law despite statutory reforms under the Evidence Act, 1975 (NRCD 323). It argues that the trial judge in the Opuni case misapplied the law by relying on an inappl...
Derick Adu-Gyamfi
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
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
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
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
Beyond ‘Penile Penetration’: Assessing Ghana’s Antiquated Definition of ‘Rape’ Through the Lens of the Rome Statute of the ICC; An Urgent Call For A Comprehensive Sexual Offences Act to Modernize Sexual Offences in Ghana.
This article critiques Ghana’s narrow, outdated legal definition of rape, restricted to penile vaginal penetration, and advocates for reform aligned with the Rome Statute’s broader, consent-focused standard. Drawing on comparative law and i...
Sedinam Awo Kwadam
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
Copyright permissions granted libraries in Ghana: An exposition of Section 21 of the Copyright Act 2005 (Act 690)
Libraries are of utmost importance in our society. Its impact causes a ripple effect across generations and therefore a needed resource in our communities. However, in light of benefitting from the resources of the library, there is the nee...
Anita Natekie Nartey
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
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
Evaluation of the Efficacy of the Corporate Insolvency and Restructuring Act 2020 (Act 1015) of Ghana: A Comparative Analysis with the Insolvency Legal Framework of the United Kingdom (Part I)
The article examines Ghana’s Corporate Insolvency and Restructuring Act, 2020 (Act 1015), comparing its corporate rescue and insolvency mechanisms with those of the United Kingdom. It highlights Ghana’s progress towards a rescue-oriented fr...
Jennifer Abena Dadzie