Abstract The powers of government to legislate, adjudicate, or implement laws are shared among the arms of government—Parliament, the Judiciary, and the Executive. These powers are either exclusively exercised by one arm of government or jointly with the others. Since 2019, the Parliament of Ghana has set out an internal procedure for members of parliament...
Introduction. The President of Ghana is, under the law[1], the first gentleman of the land and he takes precedence over all other persons in Ghana.[2] He is given that recognition and the position is given a Constitutional blessing. He is indeed the Head of the State of Ghana and the Commander-in-Chief of the Ghana Armed...
The title of this article rings a bell in the mind of the legally savvy. Yes, it is a refinement of the title of Dr. Date Bah’s article[1] on the theoretical implications of Kelsenite theory in relation to the facts and issues raised in the case of Salah v. Attorney General[2] and a further critique...
Introduction The article continues in Part II where it continues with the forum for unconstitutional contracts by providing further explanations by way of an example. It will move on to discuss the doctrine of restitution under constitutional illegal contracts and conclude the two-part article. Forum for Resolving Unconstitutional Contracts The choice of forum for hearing...
I.Introduction On 13th May 2020, in the case of Ayine v. Attorney-General[1], Ghana’s Supreme Court, by a 5-2 majority decision upheld the constitutionality of the appointment of 66-year old Martin Alamisi Burns Kaiser Amidu as the Special Prosecutor (the “SP”) under section 13 of the Office of the Special Prosecutor Act, 2017 (Act 959) (the “OSP” Act). The Court used...
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 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...
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,...
Today, we turn the clocks back to a key decision that was given 48 years ago. This was in the case of Sallah v Attorney-General. The facts of the case are well known but probably the decision would not have been this popular but for the social and political interests, it generated. Let’s start from...