Opinion
The doctrine of stare decisis parades in a fanciful new robe in the Supreme Court: Ex Parte Opuni (No. 2)
Francisca Serwaa Boateng
Results for "Exhausting local court remedies"
180 results.
Opinion
Ghana Cannot Arrest Its Way Out of Galamsey - A Case for Medium Scale Mining Revolution
Yaw Boampong Adu-Brempong
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
Kofi Annan and Nana Adwoa Serwaa Dua-Adonteng Esq.
Opinion
Under the Gavel: Assessing the Impact of the Supreme Court’s Decision in Rockson-Nelson Dafeamekpor Vs Attorney-General Writ No J1/19/2023
This article critiques the Supreme Court's decision in Rockson-Nelson Dafeamekpor vs. Attorney-General, which addressed the President's directive allowing Metropolitan, Municipal, and District Chief Executives (MMDCEs) to remain in office i...
Nii Kpakpo Samoa Addo Esq
Opinion
Cross-border Insolvency Proceedings
In this article, we take a conversational approach to unpack the concept of Cross-Border Insolvency Proceedings, a topic that is becoming increasingly important in today’s global economy.
Verissa Odame-Koranteng
Opinion
Land Management as a component of Sustainable Development: The role of traditional leadership in the Kumasi Traditional Area
A lecture delivered at the KNUST Law Faculty on 23rd March, 2023
Mariam Agyeman Gyasi Jawhary
Opinion
The Pretrial Detainee in Ghanaian Civil Litigation: A Constitutional and International Human Rights Appraisal of Order 73 Of C.I. 47 and Order 12 of C.I. 59; A Case for the Expungement of Absconding Warrants from Ghanaian Civil Procedure
This article argues that Ghana's civil procedure rules—specifically Order 73 of C.I. 47 and Order 12 of C.I. 59—violate constitutional and international human rights by allowing pretrial detention of civil defendants based solely on unprove...
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
The Propriety or Otherwise Of Order 73 Of CI 47 in Light of Ex Parte PPE Ltd & Paul Juric and Martin Kpebu (No.1)
This article evaluates Order 73 of CI 47 in the context of Ghana's 1992 Constitution, focusing on its implications for personal liberty under Article 14(1)(c). It argues that Order 73's allowance for civil defendants' arrest conflicts with...
Her Honour Sedinam Awo Kwadam & Emmanuel Babuboa
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
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
The Story Behind the Claim
This Opinion piece was originally published on the author's LinkedIn page as, "An article on choosing 'story' over technical language and showing off in drafting statements of claim in disputes."
David A. Asiedu
Opinion
Beyond The Land Act: Uncovering The Missing Pieces In Ghana’s Land Governance Framework
This article argues that while Ghana’s Land Act, 2020 is comprehensive, effective land governance depends on recognizing and integrating a wider set of related laws. Justice Alexander Osei Tutu examines over 30 enactments that, although not...
Justice Alexander Osei Tutu
Opinion
Invoking the Supervisory Jurisdiction of the Supreme Court of Ghana. The Case of a Meddlesome Interloper (Busybody)
The Ghanaian courts have allowed the efflorescence of legal doctrines as necessary nutrients for the enjoyment and development of rights and obligations under the law within the Ghanaian jurisdiction. One such procedural doctrine is LOCUS S...
Kwame Richard Klu and Kwame Yaro Appiah
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
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
The Harmonious Dance of Trade: Ghana's Urgent Call to Embrace the CISG and Unify the Rhythms of Commerce
Over four decades ago, Ghana signed the United Nations Convention on Contracts for the International Sale of Goods (CISG), a pivotal treaty that provides a standardized legal framework for cross-border transactions between parties from diff...
Joel Telfer Jnr
Opinion
Natural Resources, The Environment and the Constitutional Review Committee’s Recommendations: Why Government Should Reconsider Its Position
The article critiques the Government of Ghana’s rejection of proposed constitutional reforms on natural resource governance and environmental protection. It advocates stronger constitutional safeguards for public trusteeship, sustainability...
Anthony Danquah
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