The Supreme Court recently decided by a 5-2 majority that the 66-year-old Martin Amidu was eligible to be nominated, vetted and appointed to the office of the Special Prosecutor even though the mandatory retiring age from the public service is 60. It is good that this matter, albeit delayed, has ended. In a constitutional democracy,...
Introduction As transaction lawyers representing clients with businesses in regulated spaces, we often find ourselves engaging regulators to seek their consent, approval or some other kind of authorisation that is required to enable our clients conduct their business transactions lawfully. For instance, as part of its measures to ensure compliance with regular prudential requirements amid...
1.Introduction Perhaps, it may surprise you to know that a conviction by a lower court, not appealed against by the convicted person or his lawyer can find its way to the Supreme Court to be determined on appeal for the first time. Maybe, it might further surprise you to know that the President can ‘cede’ his...
If you closely follow activities on twitter, then you might have seen the recent plea by the BET award-winning rapper, Sarkodie, directed at the twitter handle of the president, pleading among other things, the need for the ban on travel to be lifted, so that he can return to Ghana. This raised a constitutional debate...
1.Introduction Due to the COVID-19 pandemic, the President has imposed restrictions on the movement of persons and public gatherings pursuant to the Imposition of Restrictions Act, 2020 (Act 1012). Many planned events, both public and private, have been cancelled or indefinitely suspended. The National Identification Authority has had to suspend its mass registration exercise. This...
It has become a common concern among students, lawyers, politicians and the wider population about the threat Covid-19 poses to current government of the day should it be impossible for presidential elections to be held within the time stated in the 1992 constitution. In early March, the World Health Organization declared Covid-19 as a pandemic. Within...
We live in unusual times. The Coronavirus pandemic has altered our lived reality globally, and for the worse, necessitating significant behaviour change on the part of citizens and states alike. Governments everywhere are under pressure to respond to protect and save lives and avert social and economic catastrophe. The Government of Ghana is no exception....
Introduction: One provision in the Constitution 1992 that has set judicial brains wrangling in the area of constitutional interpretation is article 88, particularly clauses 1 & 5. Like King Rex[i] in his zeal to transform the law, the Supreme Court continues ‘to make itself clearer in both directions’. In this article, the writer will endeavour to...
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,...