Category: Latest Articles

Home Latest Articles
Wombs for Rent: The Ethics of Commercial Surrogacy
Post

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,...

Continuity Beyond Textualism: Redeeming the Hidden Fault Lines of Ghana’s 1992 Constitution through a Novel Presumption against Constitutional Failure
Post

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
Post

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
Post

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
Post

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 
Post

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...

What is the Thin Line Between Small-Scale Mining and Illegal Mining in Ghana?  
Post

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...