Results for "criminal proceedings"
115 results.
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
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
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
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
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
Committal proceedings in trials on indictment in Ghana: Its relevance in contemporary times
Trials on Indictment are the only form of trial where committal proceedings are conducted. Generally trials on Indictment are reserved for more serious offences and are characterized by more formality. The author discusses its origins and e...
Gloria Teye
Opinion
Rethinking Malicious Prosecution; A Discussion on the Tort of Malicious Prosecution within the Constitutional Framework of Ghana.
The article argues that the tort of malicious prosecution, as received under common law, is problematic in present-day Ghana under Article 88. The author suggests that the proper defendant in such cases should be the Attorney General, who i...
Reindorf Twumasi Ankrah, 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
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
Vehicles Do Not Commit Crimes: Registered-Owner Liability, the Presumption of Innocence, and the Legality of TRAFFITECH-GH
The article challenges the legality of Ghana’s TRAFFITECH-GH system, arguing that registered vehicle owners cannot automatically be held criminally liable for traffic offences committed by others. It contends that such liability violates th...
Albert Gyamfi Esq.
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
Roses are Red, The Statute is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana
This article critiques Ghana’s outdated obscenity law under Section 281(1) of Act 29, arguing that its vague criminalization of "obscene objects" unconstitutionally endangers personal rights. It proposes legislative reform to exclude sexual...
Sedinam Awo Kwadam
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
Plea bargaining in Ghana: The Inception of Act 1079
This article focuses on what plea bargaining is, the position of the Ghanaian criminal law on plea bargaining prior to Act 1079, the enactment of Act 1079, the benefits of plea bargaining, proposed implementation for plea bargaining as well...
Nana Ama Dankwaa Kessey Adinkrah
Opinion
The Role of a Criminal Case Complainant in Ghana
From the genesis of the modern state, the prosecution of an accused person has been the preserve of the State and not the victim or complainant. This is because crime is considered a wrong or injury against the State as a whole.Thus, compla...
Selasi Kuwornu
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
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