By: Seth F.T. Mireku Jnr, Ghana School of Law Introduction It is incontestable that Ghana’s criminal justice system is beleaguered with deficiencies that hinder the smooth, effective and expeditious delivery of justice. These deficiencies include the slow pace of investigations by investigative bodies, the discharge of accused persons for want of prosecution and the logistical...
All citizens of Ghana have the right and duty at all times to defend the Constitution. Accordingly, Article 2 (1) of the Constitution empowers anyone who “alleges that (a) an enactment or anything contained in or done under the authority of that or any other enactment; or (b) any act or omission of any person;...
1.Introduction “If we never do anything which has been done before, we shall never act anywhere. The law will stand still whilst the rest of the world goes on and that will be bad for both.’’- Lord Denning Nations develop on the payment of taxes by citizens and non-residents who are subject to the payment...
Where the marriage is not registered within the prescribed one week period, or where the attendance of any of the persons whose signature is necessary to complete the registration process cannot be procured, the High Court may extend the time for registration, and/or dispense with the signature of any of the prescribed persons, upon an ex parte application made to that Court.
By: Waana-ang Martin, LLB Candidate,Kwame Nkrumah University of Science and Technology The Constitutional Independence of The Office of the Auditor-General and the President’s Disciplinary Control Over The Office It may be recalled that in the second letter from the office of the president to the Auditor-General, dated 3 July, 2020, it was stated that by virtue of...
By: Waana-ang Martin, LLB Candidate, Kwame Nkrumah University of Science and Technology 1.Introduction The recent attempt by the President of the Republic of Ghana to compel the Auditor-General to proceed on an accumulated leave and the growing trend in the exercise of such powers on the leadership of other constitutionally established independent bodies have splintered public opinions. Whilst many Constitutional law experts have attempted to...
Introduction The article continues in Part II where it continues with the forum for unconstitutional contracts by providing further explanations by way of an example. It will move on to discuss the doctrine of restitution under constitutional illegal contracts and conclude the two-part article. Forum for Resolving Unconstitutional Contracts The choice of forum for hearing...
Illegality of contracts is a concept under contract law. It generally refers to the making or performance of a contract contrary to law[1]. Thus, a contract entered into by a party contrary to law or performed contrary to law is an illegal contract. The distinguished law teacher, Dowouna-Hammond, defines illegal contracts as contracts whose “formation...
In the wake of the COVID-19 pandemic, states have had to resort to all manner of measures in fighting the virus. Ghana does not stand as an exception to this. There has been the need to activate and make laws with some speed in this regard. Quintessential of such laws newly made is the Imposition...
I.Introduction On 13th May 2020, in the case of Ayine v. Attorney-General[1], Ghana’s Supreme Court, by a 5-2 majority decision upheld the constitutionality of the appointment of 66-year old Martin Alamisi Burns Kaiser Amidu as the Special Prosecutor (the “SP”) under section 13 of the Office of the Special Prosecutor Act, 2017 (Act 959) (the “OSP” Act). The Court used...