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What Constitutes “Reasonable Time Or Unreasonable Delay” In Criminal Trials? The Case of Article 14(4) of the 1992 Constitution
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What Constitutes “Reasonable Time Or Unreasonable Delay” In Criminal Trials? The Case of Article 14(4) of the 1992 Constitution

Author: Ernest Kyere  Introduction The skinny, malnourished-looking Kofi Boakye walked into the courtroom. His face grimaced as he felt all the stares on him. With dilated eyes, he scanned the courtroom, hoping to see a familiar face. However, he soon realized that the years he had spent in pre-trial detention had turned him into a...

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...

Why Gregory Afoko v Attorney-General Poses a Threat to the Progress Made in Ghana’s Criminal Justice System
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Why Gregory Afoko v Attorney-General Poses a Threat to the Progress Made in Ghana’s Criminal Justice System

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...

Stealing from Your Own Company: The Defence of Consent in Criminal Prosecution of Controllers of Collapsed Companies.
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Stealing from Your Own Company: The Defence of Consent in Criminal Prosecution of Controllers of Collapsed Companies.

1.Introduction It is trite that companies are separate from their shareholders, directors and key management personnel (“controllers”).[1] A company’s property does not belong to its shareholders or directors – even if the company has a single shareholder who is also the sole director.[2] Even though these principles are basic and have been consistently applied by the...

The Grant of Bail: The Novel Decision in Martin Kpebu (No.2) v Attorney-General (No.2)  in the Ghanaian Criminal Law Jurisprudence
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The Grant of Bail: The Novel Decision in Martin Kpebu (No.2) v Attorney-General (No.2) in the Ghanaian Criminal Law Jurisprudence

INTRODUCTION The recent decision of the Supreme Court in Martin Kpebu v Attorney-General has finally settled the law on the grant of bail and other related offences stated under section 96(7) of Act 30 as amended by section 7 of the Criminal Procedure Code (Amendment Act, 2002 (Act 633) and as further amended by section 41(1) (a)...