The Supreme Court has in the case of Theophilus Donkor v. The Attorney General[1] shorn the light on the controversial question of the category of officeholders who get to stay in office and those who are required to leave when a new government is elected. In summary, the court recognized that the answer to the question...
Commission of inquiry is a constitutional mechanism employed by the government to investigate any matter that is in the interest of the public. The appointments, functions, and duties Commissions of Inquiries is regulated by Chapter 23 of the 1992 Constitution.[1] Article 278(1) provides that Subject to Article 5 of this Constitution, the President shall, by constitutional instrument,...
Under the criminal justice system, a crime is regarded as an offence against the state and not the victim.[1]The state steps into the shoes of the victim and prosecutes the offender. In the end, the state focuses on punishing the offender to either pay a fine to the state or commit the offender to a...
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...
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...