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
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1531 results.
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
Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana
The author argues in this article that joinder of a juristic person is wrong in law and should not be countenanced. Do you disagree with his reasoning?
Derick Adu-Gyamfi
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
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
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
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
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
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
Trial In Absentia And Legal Implications Of Sentences Imposed On Absconding Offenders Under Ghanaian Law
"If Sedina Christine Tamakloe Attionu is able to escape for the next ten years, her sentence would elapse and she cannot be punished again to serve another jail term for the same offence." Find out why!
Daniel Korang
Opinion
Default Judgment and the Doctrine of Estoppel Per Rem Judicata; A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)
Default judgement is an interlocutory application. It is not a final judgement in its strict sense. Any anything default is not final in a legal sense. Res judicata on the other hand is mostly applied when decisions of the courts are final....
Derick Adu-Gyamfi
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
Of Section 315 (3) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30); Review of the Decision Of Augustine Yeboah vrs. Attorney-General, Dictum of Parker Yarney J.
The article reviews Augustine Yeboah v Attorney-General and examines when a prison sentence begins where a convicted person absconds before serving the sentence. It argues that the period spent at large must not count towards the sentence a...
Frederick Gurah Sampson
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 Legal Education Act, 2026 Does Not Abolish Entrance Examinations
The article argues that Ghana’s Legal Education Act, 2026 (Act 1170) does not abolish entrance examinations for professional legal training. Instead, it preserves entrance examinations while shifting legal education from a monopoly model to...
Dennis Adjei Dwomoh
Opinion
Failure To File Affidavits in Opposition: Meaning and Effect
This article argues that failure to file an affidavit in opposition does not bar a party from responding to a motion on facts already on record, but only prevents the introduction of new facts. It clarifies that such failure amounts to admi...
Dr Justice Srem-Sai
Opinion
Harmonizing Customary Practices and Statutory Law: The Need to Amend Ghana’s Criminal Offences Act, 1960 (Act 29) to Recognize and Enforce Customary Offences and Sanctions Across Ghanaian Communities
This article argues that whilst Ghana’s statutory criminal law (via the Criminal Offences Act 1960 (Act 29) governs codified offences, it fails to formally recognise many customary offences and sanctions entrenched in Ghanaian communities....
Kofi Annan and Nana Adwoa Serwaa Dua-Adonteng Esq.
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 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
Therapeutic Exception: The Doctor’s Veto in a Legal Dilemma
This article explores the concept of therapeutic exception, examining whether a surgeon is liable for not disclosing a 1% risk of partial paralysis to a patient who later experienced this outcome post-surgery. It contrasts the legal perspec...
Isaac Ofori Gyeabour, Esq