Election Petition
Mahama wants election petition proceedings stayed
John Dramani Mahama has filed an application for stay of proceedings at the Supreme Court about the ongoing Election Petition Hearing.
DL News
Results for "1992 Constitution"
1268 results.
Courts
Kenyan High Court rules that lawyers are essential workers during COVID-19 lockdown
A Kenyan High Court in Nairobi, the country’s capital, has ruled that lawyers in the country be exempted from the curfew order imposed by the government to curtail the spread of COVID-19.
DL News
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
Opinion
Stay of Proceedings of A Case: A Legal Gymnastics Tool to Delay Proceedings Before a Trial Court?
The article explains that merely filing a repeat application for stay of proceedings, or an application for certiorari or prohibition, does not automatically halt proceedings before a trial court. A stay only arises where the trial or appel...
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
Accuser, Judge and Executioner: How Ghana’s Superior Courts Breach ‘Nemo Judex In Causa Sua’ in Contempt Adjudications; A Wakeup Call for Comprehensive Procedural Rules to Guide Contempt Proceedings
This article critiques the practice in Ghana's Superior Courts where Justices adjudicate contempt cases arising from their own proceedings, violating the rule of nemo judex in causa sua. It advocates for urgent procedural reforms to ensure...
Sedinam Awo Kwadam
Opinion
Freedom of expression: A driver for all Human Rights for Ghana's development
Delivered by Justice Sir Dennis Dominic Adjei to the Ghana Journalists Association on Wednesday 3rd May, 2023
JUSTICE DENNIS ADJEI
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
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
The Council of State under the 1992 Constitution of Ghana: A Flawed System in Need of Review and Amendment
The article critiques Ghana’s Council of State under the 1992 Constitution, highlighting issues of politicization, lack of representation, and ineffectiveness. It proposes replacing regional representatives with Presidents of the Regional H...
Anthony Danquah
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
The Land Act: A Model For Integration Of Customary Law Into A Modern Legislation
Ghana’s Land Act, 2020 exemplifies a landmark effort to integrate customary law into modern statutory land governance by codifying indigenous principles, promoting fiduciary accountability, and ensuring legal recognition of customary intere...
Justice Alexander Osei Tutu
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
Need for a month’s notice before issuing writ for legal fees: Protecting the Poor’s Purse or Tyranny of Tradition?
This article seeks to examine the continuous relevance of the one month’s notice requirement in the law in the light of the 1992 Constitution and other legislations that have abandoned such requirements
Francisca Serwaa Boateng
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
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
A Separate Economic Life in Marriage
The Supreme Court of Ghana has clarified that spouses can maintain separate economic lives during marriage and that property acquired during marriage is no longer presumed to be jointly owned. This marks a significant departure from previou...
Kwame Boafo Akuffo Esq
Opinion
Parliamentary immunity: A ticket above the law?
The author wades into the debate on the implications of Articles 117 and 118 of the Constitution in light of recent events surrounding Madina MP, Hon. Francis-Xavier Sosu
Nick Opoku
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
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