Constitutional Law

Right to Privacy in Criminal Matters

April 18, 2019

The right to privacy is a fundamental human right. Article 18, clause 2 of the 1992 Constitution provides that: “No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except with law and as may be necessary in a free and democratic society for public safety or for […]

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Supreme Court Rejects Sharia Law Discriminating against Women on Property Distribution.

March 14, 2019

Ghana is widely conceived as a religious country. Religious norms and practices have unsurprisingly gained grounds and in some instances compete with the law . One such instance is in the area of inheritance. But the Supreme Court of Ghana has held in  Abdul Rahman Osumanu Giwah, Alhaji Ali Adamu Giwah and Hajia Fatima Alhassan Giwah […]

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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 And its principles are sometimes clearly out of date and out of touch with current realities.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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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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Court Declares Regulation Requiring Women Employees to Defer Pregnancies as Discriminatory

November 5, 2018

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 […]

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Foreign Ownership of Freehold Interest in Ghana

June 28, 2018

The Supreme Court in the case of Martin J Verdose v Patricia Abena Verdose-Kuranchie[1] has affirmed the constitutional limitation on the ownership of freehold interests in land by foreigners. In this case, the Petitioner, a Dutch, married the Respondent, a Ghanaian, in Holland. They moved to Ghana and went on to adopt two children. They […]

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Five Years On: A Requiem for the Ex parte Attorney-General, NML Capital Ltd 1st Interested Party Decision

June 20, 2018

Five years ago today, the Supreme Court of Ghana handed down its decision in the now almost obscure The Republic v High Court (Commercial Division), Accra, Ex Parte Attorney-General, NML Capital Ltd. 1st Interested Party; Republic of Argentina, 2nd Interested Party case. In international circles – both legal and political- the case and the story […]

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Supreme Court Sets Parameters for Disclosure of Information to Accused Persons

June 18, 2018

The Supreme Court in the case of Republic v Eugene Baffoe-Bonnie & 4 Ors [1] has upheld the right of accused persons being tried summarily to have access to all documents in the possession of the prosecution – irrespective of whether the prosecution intends to rely on them or not. “A trial cannot be fair, […]

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The Special Prosecutor, a New ‘God’ In Town?

February 14, 2018

On Thursday 11th January 2018, news broke of the proposed appointment of Mr. Martin Alamisi Burnes Kaiser Amidu as Special Prosecutor1. Mr. Amidu once served as the Deputy Attorney General in the PNDC military government and also as the Attorney-General and Minister for Justice from January 2011 to January 2012 under the John Evans Atta-Mills […]

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Ghana’s Supreme Court Pronounces on Political Rights of Civil Servants

September 5, 2017

The Supreme Court of Ghana in the case of Civil and Local Government Staff Association of Ghana v. the Attorney-General & 2 Others[1] has held that a member of the civil service or local government cannot contest for elections, other than local government elections, or hold a political party position. In the unanimous view of […]

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