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The doctrine of stare decisis parades in a fanciful new robe in the Supreme Court:  Ex Parte Opuni (No. 2)
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The doctrine of stare decisis parades in a fanciful new robe in the Supreme Court: Ex Parte Opuni (No. 2)

Introduction The Supreme Court has, in a four to three majority decision of its review panel, overturned its earlier three to two majority decision of the ordinary bench in Ex parte Opuni.[1] In the earlier decision, the Court granted an order of prohibition to restrain the trial judge in the criminal proceedings pending at the...

Parliamentary Immunity: A Ticket Above The Law?
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Parliamentary Immunity: A Ticket Above The Law?

The ongoing impasse between the Ghana Police Service and the Member of Parliament (MP) for Madina Constituency, Mr. Francis Xavier-Sosu, supported by the Speaker of Parliament, over unsuccessful attempts by the Police to invite the MP to assist with investigations relating to a demonstration he is said to have led raises a key constitutional question...

Klomega (no.2) v. Attorney-general, Ghana Ports and Harbours Authority and others: A Missed Opportunity To Strengthen Public Financial Management
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Klomega (no.2) v. Attorney-general, Ghana Ports and Harbours Authority and others: A Missed Opportunity To Strengthen Public Financial Management

Abstract Agreements made by or on behalf of the Government of Ghana (‘GoG’) play a key role in securing resources for national development, managing the economy, and structuring Ghana’s relations with other countries. Concerns have frequently been raised, however, about the opacity surrounding the negotiation of these agreements, their fairness or value for money. Parliament,...

The Meaning and Import of Article 181 (5) of the 1992 Constitution and its Effect on Statutory Corporations Set Up with Commercial Functions
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The Meaning and Import of Article 181 (5) of the 1992 Constitution and its Effect on Statutory Corporations Set Up with Commercial Functions

Introduction Article 181(5) of the 1992 Constitution requires that all international business or economic transactions to which the Government is a party must be laid before Parliament for approval before it can come into effect. Thus, for a transaction to fall within article 181 (5) of the Constitution, it must have the following elements: It...

Can Samuel Okudzeto Ablakwa (MP) Resign from the Appointments Committee of Parliament? : A Constitutional Perspective
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Can Samuel Okudzeto Ablakwa (MP) Resign from the Appointments Committee of Parliament? : A Constitutional Perspective

On Tuesday, March 30 2021, news broke that Samuel Okudzeto Ablakwa, the Honourable Member of for the North Tongu Constituency, had elected, through a letter addressed to the Speaker of Parliament, to resign his membership on the Appointments Committee of Parliament. A day later, Mr Ablakwa confirmed on his Facebook page, not only the fact...

Summary of 2021 Presidential Election Petition Ahead of Supreme Court Judgment
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Summary of 2021 Presidential Election Petition Ahead of Supreme Court Judgment

Facts The Supreme Court shall deliver its judgment in the presidential election petition filed by the flagbearer for the National Democratic Congress (NDC) in the 2020 presidential elections, John Mahama on Thursday, March 4, 2021. Hearing of the petition began on January 26, 2021. At stake in this petition is Nana Akufo-Addo’s first round victory in the...

Rethinking Article 78(1), of the 1992 Constitution of the Republic of Ghana – Lessons from Ghana’s Election 2020.
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Rethinking Article 78(1), of the 1992 Constitution of the Republic of Ghana – Lessons from Ghana’s Election 2020.

Introduction. If there is one thing that the Parliamentary results of the 2020 elections taught Ghanaians (both politicians and non-politicians), it is the need for political parties to work together for the advancement and in the genuine interest of the people of Ghana. Indeed, His Excellency, the President-elect at the time, Nana Addo Danquah Akufo-Addo...

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The Curious Case of SALL

In this post, I summarise the key events leading to the Electoral Commission of Ghana’s failure to hold parliamentary elections in the traditional areas of Santrokofi, Akpafu, Lipke and Lolobi (SALL).   Events   1.  12 October 2017 – Presidents sets up Commission of Inquiry Into The Creation Of New Regions 2017 (C.I. 105).  ...

The Guan Parliamentary Election Crisis: Exploring ‘The Lesser of Two Evils’
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The Guan Parliamentary Election Crisis: Exploring ‘The Lesser of Two Evils’

1.Introduction On the eve of the 7 December 2020 general elections, the Electoral Commission (‘EC’) issued a press statement in which it directed that registered voters in the newly created Guan District of the Oti Region ‘will only vote in the Presidential Election but not in the Parliamentary Election’.[1] The general election has since been...