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...
Category: Criminal Law
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...
Custodial Sentences in Ghana: A Case Study of The Republic v. Rosemond Brown aka Akuapem Poloo
In a bid to show her intense love to a son on his seventh birthday, a mother posts a nude picture taken with her son on her social media platform. The Accra Circuit Court sentences her to three months (90days) in prison after pleading guilty. This is the story of Ghanaian actress, Rosemond Brown aka...
The Evil Lurking in The Shadow Of Martin Kpebu No .2 And The Struggle For Power
Introduction John Salmond wrote on liberty: “legal liberties are the benefits which I derive from the absence of legal duties imposed upon myself. They are the various forms assumed by the interest which I have in doing as I please. They are the things which I may do without being prevented by the law. The...
Trying Criminal Cases De Novo: The Ghana Situation
Introduction: In legal practice, the expression ‘trial de novo’ connotes trying a case afresh as ‘de novo’, a Latin expression, means over again or anew[1]. In the course of proceedings before a court of law, some situations[2] may warrant that cases that may have already begun before one court[3] be put before another court for...
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.
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
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)...
Covid-19 And New Crime Trends
On Wednesday 20th May 2020, Dr. Isidore Kwadwo Tufuor, Lecturer and Head of the Private Law Department at the GIMPA Faculty of Law, delivered via Zoom, the third edition of the GIMPA Law and Ethics Web Series on the theme: ‘COVID-19 and New Crime Trends’. This session was moderated by Mrs. Maame Yaa Akyiaa Barnes,...
Re: Hayford Ofosu Amaning v. The Republic: A Case of Judicial Heterodoxy?
Anyone who has followed Justice Osei-Tutu’s Friday “Friday Legal Corner” will agree that the Learned Judge is making great contribution to legal education and legal practice, even as he serves in the country in the diaspora. The quality of research and the depth of knowledge exhibited by the Learned Judge in his writings make it...