GSL Adinkra

OF DIRECTORS AND PRESUMPTION OF INNOCENCE

REDEEMER KWAKU AGBANU

The efforts of daring Ghanaian lawyers and citizens have over the years extended the borders of constitutional law vis-à-vis other areas of law with wide-reaching implications on various sectors of the economy. In recent times, the actions of perfidious managers and owners of banks and other institutions which led to the financial sector collapse have called into question the laws regulating the management of these entities and the competence of regulatory agencies. This necessitated the Bank of Ghana to tighten regulations regarding managers and directors of financial entities over which it exercises oversight. Conversely, others have felt that of these policies and laws unfairly restrict persons who may otherwise be qualified in one respect, from assuming the office, of perhaps, a company director. That is why the recent decision in Adu Gyamfi v. The Attorney-General is quite fortuitous. Even before that decision, there had been disquiet about certain provisions in the Companies Act, 2019 (Act 992) which effectively barred persons who have been merely charged with a criminal offence involving fraud, dishonesty or relating to the promotion, incorporation or management of a company within the preceding five (5) years from assuming the position of company director. This position was patently in contrast to the

GSL Adinkra