In absence of a tried and tested drug or vaccine for COVID-19, the Food and Drug Authority (FDA) must urgently enforce its guidelines for ‘advertisement of drugs’ in Ghana and the circulation of information by well-known personalities which has the effect of derailing the work of public health officials in Ghana. Celebrities in Ghana in...
Year: 2020
Let’s Talk Mediation: The Singapore Convention and its Prospective Effect on International Mediation in Ghana
If the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) enabled the enforcement of foreign arbitral awards within the jurisdiction of member states, then the Singapore Convention has come to save the hurdles of enforcing international settlement agreements resulting from Mediation.
The Uniqueness Of Jurat Required For Illiterate Testators
I just couldn’t ‘think far’, as “Lil win”, the Kumawood movie actor might have put it. Which world are we in? Is that society’s sense of true justice? What crime did I commit to deserve such an unfair judgment? Do I curse my parents for the deficiency in my education or blame the custodians of...
Executive Powers and Domestic Responses to the Coronavirus Pandemic: Is the Imposition of Restrictions Bill Necessary?
We live in unusual times. The Coronavirus pandemic has altered our lived reality globally, and for the worse, necessitating significant behaviour change on the part of citizens and states alike. Governments everywhere are under pressure to respond to protect and save lives and avert social and economic catastrophe. The Government of Ghana is no exception....
Constitutional interpretation – An uneasy task: Article 88 in perspective
Introduction: One provision in the Constitution 1992 that has set judicial brains wrangling in the area of constitutional interpretation is article 88, particularly clauses 1 & 5. Like King Rex[i] in his zeal to transform the law, the Supreme Court continues ‘to make itself clearer in both directions’. In this article, the writer will endeavour to...
High Court Pronounces on Lawyer’s Duty to Avoid Conflict of Interest.
“Having sued the 2nd Respondent in the substantive application, is Mr. Zwennes [a lawyer] saying that he must, as a solicitor for the 2nd Respondent, be also permitted to enter an appearance and defend the 2nd Respondent in the same suit?”, a commercial high court judge quizzed in a recent dispute over who was entitled to represent a...
A Secular State and the National Cathedral
Religion is a pre-occupation of the day-to-day lives of Ghanaians – and this gives the clerics dominion of the society. Like elsewhere in Greece and Iran, the religious societies have so much power that it cannot be contended – to the extent that they look to exercise power as a separate arm of government. Although Ghana’s...
The Money Laundering Conundrum: Know Ghana’s Legal Nuances and Perspective
Introduction Money laundering known in latin “pecuniam lavare” simplistically is the process of disguising, masking, masquerading and concealing the source and/or true nature of money obtained through illegal means.The Black’s Law Dictionary1 defines money laundering as the act of transferring illegally obtained money through legitimate people and/or accounts so that its original source cannot be traced. The Anti-Money Laundering Act2 provides...
Legal Issues Involved in FDA Ban On Celebrities Featuring in Alcohol Adverts
For sometime now, a running battle has been on going between the Food and Drugs Authority (FDA) on the one hand, and some personalities in the entertainment industry- especially Wendy Shay. The source of the running battle lies squarely with the Food and Drugs Authority’s “Guidelines for the Advertisement of foods (1st February 2016).” First, lets...
Raising Points of Law for the First Time on Appeal
The Supreme Court in Victoria Annang v Emoho & 4 Ors[1] has held that subject to a few exceptions, a party cannot raise a point of law for the first time on appeal. This case concerned parties to a lease agreement. The Plaintiff, granted a lease to S. Under the agreement, S was supposed to obtain the...