Results for "Presumption of Innocence"
28 results.
Opinion
Legal Vacation Without ‘Vacation.’; The Plight of ‘ORAL ’ Lawyers and the Infringed Rights of the Accused?
Frederick Gurah Sampson
Opinion
Beyond Rhetoric: Advancing Economic, Social, and Cultural Rights Protection in Ghana: A Case Study of Child Rights International v. The Attorney-General and Its Implications
Kenneth Atsu Dogbey & Martin Waana-Ang
Opinion
Refined Justice for All
The article examines the Justice for All Programme at Kumasi Central Prison in 2025 as a practical justice-sector intervention that brings courts into prison settings to review remand cases, grant or vary bail, and reduce prolonged pre-tria...
Emmanuel Brobbey
Opinion
Presumption Of Advancement: A Legal Anachronism (Husband And Wife)
The conundrum on what constitutes a gift or otherwise is the focus of the author in this article, as he assesses the posture of the courts when dealing with such matters
Derick Adu-Gyamfi
Opinion
Conviction and Sentence in Absentia; Effective Date Of Sentence, Settling The Uncertainty; The Case Of Sedina Tamakloe-Attionu, Former Masloc CEO
The article examines whether a sentence imposed in absentia begins from the date it is pronounced or from when the convicted person is brought into custody. Using the Sedina Tamakloe-Attionu case, the author argues that a purposive reading...
Frederick Gurah Sampson
Opinion
Constitution Day: Why 7th January Must Always Matter
Constitution Day is not just a holiday—it symbolizes Ghana’s commitment to democratic governance, rule of law, and constitutional continuity. The article urges citizens and institutions to defend the Constitution through everyday accountabi...
Kow Abaka Essuman
Opinion
Revisiting the Right to Counsel in Light of the Introduction of Plea Bargaining in Ghana
This paper seeks to discuss the general right to counsel, its current application in Ghana, and how the right is central to the effective administration of plea bargaining.
E. K. Bidzakin
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
Klomega (no.2) v. Attorney-general, Ghana Ports and Harbours Authority and others: A missed opportunity to strengthen public financial management
The author examines the Court’s decision in Klomega and its implications for public financial management and accountability.
Nicholas Opoku
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
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
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
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
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
The Moral Nuances of Adverse Possession in Ghana
This article explores the complex moral, legal, religious, and philosophical debates surrounding adverse possession, emphasizing its declining social approval and relevance in Ghana’s modern property system. It calls for reform or abolition...
Justice Alexander Osei Tutu
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
“Agent For Plaintiff”: A Fatal Misnomer; Why Ghanaian Lawyers Are Unwittingly Forfeiting Their Protections Through the Misdescription of Counsel in Ghanaian Civil Procedure: An Analysis of the Doctrine of Solicitor-Solicitor Agency vs. Lawyer-Client Reality
The article argues that endorsing a writ with “Agent for Plaintiff” wrongly treats the lawyer-client relationship as an agency relationship, whereas Order 2 rule 5(1)(b) of C.I. 47 concerns one lawyer acting as agent for another lawyer. It...
Sedinam Awo Kwadam and Kwadwo Owusu-Ansah
Opinion
Revalidating Customary Law: The New Era of Good Title In Ghana’s Land Act
The article examines how Ghana’s Land Act, 2020 (Act 1036) expressly recognizes acquisitions under customary law as a source of “good title,” restoring legal certainty to oral customary grants that had been treated inconsistently under earl...
Justice Alexander Osei Tutu