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...