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...
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...
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...
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...
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...
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...
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...
The Supreme Court in the case of The Republic v. High Court (Commercial Division, Accra) Ex-Parte: GHACEM Limited (AJ FANJ Construction & Engineering Limited as an interested party)[1]has urged courts to hasten slowly in interfering with arbitral proceedings. According to Dotse JSC: “What must be noted is that the provisions in Act 798 on arbitral...
What do you do when you follow all the procedural rules of law and it’s an administrative process that brings your case crashing down? Hypothetically speaking, let’s say you are lawyer for the plaintiff in a breach of contract case against three defendants. You listen to the story of your client. You are convinced your...
The High Court, Accra, Human Rights Division presided over by His Lordship Anthony K. Yeboah J.A, in The Commissioner, CHRAJ & 2 Ors Vrs Ghana National Fire Service & Attorney-General[1], declared that Regulation 33(6) of the Conditions of Services of the Ghana National Fire Service (GNFS)[2]which required employees of the GNFS who were women to...