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 And its principles are sometimes clearly out of date and out of touch with current realities.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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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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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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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 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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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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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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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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An Accra High Court, on Monday 31 July 2017, declared the deportation of an Indian national by the Ministry of Interior and the Immigration Service as unlawful[1]. In the court’s view, the deportation “was, without a doubt, hasty and unreasonable.” on 1 June 2017, the Ghana Immigration Service arrested the Applicant (an Indian National). He […]
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In the well known case of Marbury v Madison[1], Chief Justice Marshall counsels: “certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void”. […]
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