Section 118 involves a radical reform of the law of hearsay evidence, which has previously been one of the most complex and confused areas of the law of evidence,,,,”[1] “[2]From the analysis that has been done above, it is clear to me that the rules on hearsay evidence are still a troublesome area of the...
Category: Latest Articles
Wombs for Rent: The Ethics of Commercial Surrogacy
Authored by Joyann Obeng, with contributions from Lais Pinheiro. 1.0 Introduction A few months ago, Nigerian media personality Ifedayo Agoro sparked debate online when she stated that, despite having no fertility challenges, she would still choose surrogacy as her preferred means of reproduction. While some netizens agreed with her perspective, many others criticised her. Interestingly,...
The Adamafio Treason Trial and the Fall of Ghana’s First Republic
“All these — his behaviour right from the time of the Party Congress at Kumasi up to the time of the incident and thereafter, his design to quash rumours when added up to the evidence of Adotei Addo and Malam Tula that in fact he was in league with Obetsebi Lamptey and had been one...
Continuity Beyond Textualism: Redeeming the Hidden Fault Lines of Ghana’s 1992 Constitution through a Novel Presumption against Constitutional Failure
Introduction On 24 September 2025, the Ghana Law Society, together with the Chief Whip of the Majority Caucus in Parliament, Nelson Dafeamekpor, filed a lawsuit before the Supreme Court of Ghana. The plaintiffs seek an interpretation of the 1992 Constitution to the effect that references to the Ghana Bar Association (GBA) should not be understood...
Service of Court Processes on Companies in Ghana – The Intercourse Between Substantive and Procedural Legislation – Distilling the Legal Quagmire
Image: Photo by Olga Thelavart on Unsplash “Service is therefore a fundamental requirement that places a duty on the party whose process is required to be to ensure that the adversary has been duly served. This often entails calling in the registry advisedly to ascertain proof of service of the process. Before embarking upon the...
Revalidating Customary Law: The New Era of Good Title In Ghana’s Land Act
Introduction On the Republic Day last year, 2024, the topic, ‘The Clash of Two Legal Cultures” was deliberately chosen to emphasize how the common law sought to systematically “extinguish” customary law, but our indigenous law prevailed. As we celebrate another Republic Day on Tuesday, we have no option but to pause and reflect on our...
Fleshing Out Special or Exceptional Circumstances in Applications for Stay of Execution and Proceedings
Introduction “Like beauty, ‘exceptional circumstances’ lies in eye of the beholder.” (Nikac & Ors v Minister for Immigration and Ethnic Affairs [1988] FCA 400) Applications for a stay of execution and proceedings require an applicant to demonstrate “special” or “exceptional” circumstances. Lawyers will acknowledge that these “special” or “exceptional” circumstances have proven to be the...
The Nexus Between Law and Patient Safety in Ghana
This speech is part of a delivery by Justice Dr. Richmond Osei-Hwere Justice of the High Court at the Medico-Legal Symposium (MLS) 2025 Organised by Patient Rights Watch Ghana INTRODUCTION It is a great honour and privilege for me to address you this afternoon at this august gathering – a symposium organized by Patient Rights...
Court Judgments on the Ropes: Unintended Consequences of the Land Act
Introduction The Land Act, 2020 (Act 1036) of Ghana was enacted on the 23rd day of December 2020 to streamline land tenure system, enhance land administration and promote efficient land management. At its inception, the Act was gladly received by most Ghanaians. Not many would question if it was classified as one of the well-thought-out and...
What is the Thin Line Between Small-Scale Mining and Illegal Mining in Ghana?
Author: Kwasi Gyamfi Boadu Esq SMALL-SCALE MINING History behind Mining The primary motivation behind the colonial administration’s compulsory land acquisition was to facilitate British commerce, enterprise, and the investment of British capital in the colonies. However, this effort faced resistance from various parts of the indigenous population. The Aborigines Rights Protection Society (ARPS) in the...









