Results for "Prof Ntiamoa-Baidu Committee"
57 results.
Opinion
Alexander Afenyo Markin v. Speaker of Parliament & A-G: Application ex-parte for stay of execution of the ruling of the speaker of parliament delivered on 17th October,2024 pending the determination of the suit.
This case examines the interplay between judicial review and constitutional supremacy in Ghana, focusing on the separation of powers and the judiciary's role in interpreting constitutional provisions. The dispute arises from the Speaker of...
Onesimus Faeron
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
Legal Vacation Without ‘Vacation.’; The Plight of ‘ORAL ’ Lawyers and the Infringed Rights of the Accused?
The article examines the controversy over substantive criminal trials continuing during Ghana’s legal vacation, particularly where defence lawyers have indicated that they are unavailable. It argues that although the Chief Justice has autho...
Frederick Gurah Sampson
Opinion
The Death of a Profession?
Following the Chief Justice's decision to refer Dr. Dominic Ayine to the General Legal Council over his comments in the aftermath of the Election Petition, the author explores the implications for the legal system and the freedom with which...
Francisca Serwaa Boateng
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
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law - Navigating the Procedural Nuances
In this article, the author discusses the procedural nuances on proceeding in a suit for declaratory reliefs where a Defendant defaults in taking a step, discusses some judicial decisions in this regard, explore the options available to suc...
Frederick Gurah Sampson
Opinion
The Maze of Complexity: Unravelling the Knots of Judicial Discretion in Re Republic vrs. Speaker of Parliament and Attorney General, Ex Parte: Rockson-Nelson Etse K. Dafeamekpor Suit No. GJ/0560/2024.
The article critiques the High Court's refusal to grant a mandamus order compelling the President of Ghana to act on the Human Sexual Rights and Family Values Bill, despite its passage in Parliament. The court's decision is argued to be pre...
Nii Kpakpo Samoa Addo ESQ.
Opinion
The Cannabis Case: An Unnecessary Intrusion into Parliament’s Legislative Powers?
The Supreme Court has had the occasion to review the law-making powers of Parliament in both substantive and procedural respects relating to the use of cannabis. The writers seek, in this article, to share their views on the Cannabis Case a...
Benjamin Tachie Antiedu and Goodnuff Appiah Larbi
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
When what matters not matters! – A review of the law on privacy and admissibility of evidence secretly and unlawfully obtained, In civil proceedings, vis a via Article 18(2) of the 1992 Constitution of Ghana.
The Author discusses in this paper the law on admissibility of evidence illegally obtained in civil proceedings, the privacy and confidential rights of citizens under the law both common law and statute or constitution, review some judicial...
Frederick Gurah Sampson, Esq.
Opinion
Rethinking Article 68(5) of the 1992 Constitution – Taxation of the Emoluments of the President of the Republic of Ghana – An Introspection
The author in this article examines some recent events, the historical or constitutional basis for why Ghana's President is exempted from paying taxes on his salary and explores the need to rethink this position of the law
Frederick Gurah Sampson
Opinion
The departure which must itself be departed from-Comment on the Supreme Court Decision of GHANA TELECOMMUNICATIONS CO. LTD & ANOR v ATTA VI.
This writer submits that the Ogyeadom case could never, as perceived by the Court, have settled the question whether or not the Court is jurisdictionally competent to entertain and grant an application for stay of execution pending the dete...
Thaddeus Sory
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
Change of representation: The law and its implication
A party that acts by a lawyer may change its representation during the trial. However, this can only be done by strict compliance with certain mandatory requirements outlined in both the C.I. 47 and Act 32. The author discusses these requir...
Noah Ephraem Tetteh Adamtey
Opinion
Presumption of Innocence Undermined: How Ghana’s 2018 Criminal Disclosure Regime Violates The Rights To Silence And Innocence; A Case For A Two-Phased Case Management Regime in Criminal Trials
This article argues that Ghana’s 2018 Criminal Disclosure and Case Management Practice Directions, though aimed at efficiency, fundamentally undermine the presumption of innocence and the right to silence by compelling premature defence dis...
Sedinam Awo Kwadam