Nolle Prosequi and Withdrawal

January 21, 2019

Article 88(3) of the 1992 Constitution gives power to the Attorney General to initiate and conduct all prosecutions on behalf of the state. In the conduct of this duty, the Attorney General is given certain powers. Two of such powers are the power of nolle prosequi and withdrawal. This piece looks at how these two […]

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High Court Rejects Claim for Recovery of “Facilitation Fees”

January 17, 2019

The High Court, Kumasi presided over by Justice Angelina Mensah-Homiah denied a construction company, Star of the Sea Construction (“Company”) the right to recover a sum of GH¢41,000 from Samuel Mensah Abroampah (“Defendant”)[1] who had promise to secure a contract for the Company. The Plaintiff Company allegedly entered into an agreement with the Defendant, for […]

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On the Constitutionality of the Presumption Of Advancement In Ghana

January 14, 2019

The law sometimes works in mysterious ways. And its principles are sometimes clearly out of date and out of touch with current realities. One of such principles is the presumption of advancement. The presumption of advancement means that the law presumes that the transfer of property to a recipient or the purchase of property in […]

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Can A Poisonous Tree Bear Good Fruit in Ghana?

December 20, 2018

The attitude the Ghanaian courts should adopt towards illegally obtained evidence is a recurrent debate within Ghanaian political and legal circles. This is an important debate since improperly or Illegally obtained evidence usually occasions a breach of a natural or juristic person’s rights. Improperly obtained evidence may be described as evidence that is obtained in […]

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Supreme Court Declares Montie 3 Pardon as Constitutional

December 17, 2018

  The Supreme Court in a 5-2 majority decision[1]has held that there was nothing unconstitutional in the manner in which former President John Dramani Mahama exercised his prerogative of mercy leading to the pardon of some three contemnors. As Benneh JSC speaking for the majority of the court noted, “as long as the executive [P]resident […]

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Re: Ghana’s Banking Crisis: The Deposit Protection Angle, Part I

December 13, 2018

Introduction:  After reading the succinct analysis on the above subject matter by Samuel Alesu-Dordzi, I am inclined to break my usual norm as a passive observer, to respond for the first time on this “going-places” portal (Ghana Law Hub). A Deposit Protection Insurance as my learned friend espoused is to do inter aliathe following;  “provide the […]

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Non-Custodial Sentences in Ghana

December 10, 2018

In recent times, attention has been drawn to the challenges facing prison facilities in Ghana, especially to the issue of congestion. This has triggered a myriad of reactions and calls for noncustodial sentences for minor offences and misdemeanours in order to decongest the prisons. A noncustodial sentence is a punishment given by a court of […]

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Bail In Ghana Today

December 3, 2018

Bail is the process of procuring the release of an accused person from legal custody. In order for bail to be granted, the accused person undertakes that she would be available at such a time and place specified by the bail bond. In an application for bail, two parties may be required. The first is […]

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Recent Developments in Criminal Procedure in Ghana

November 29, 2018

On 7th June 2018, the Supreme Court in the The Republic v Eugene Baffoe-Bonnie and 4 Others (the NCA case) held that on a true and proper interpretation of article 19 (2) (e) and (g) of the 1992 Constitution, an accused person had the right to be given adequate time and facilities for the preparation […]

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A Simplified Guide to Making Wills in Ghana

November 27, 2018

The main object of this article is to simplify the law on the making of wills to the layman’s understanding. A will is simply a legal document by which a person expresses his or her wishes as to how his or her properties should be distributed at death. However, not every writing of such intention […]

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