This article expounds on the age requirements for the office of Ghana’s presidency. Specifically, it addresses both the minimum and maximum age limits for eligibility into the office. With regard to the minimum age limit which is presently set at 40 years, the author takes the view that it is discriminatory and contravenes the rights of 55.1% of Ghanaian adults to stand for…
In 2021, the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill was proposed in Ghana to criminalize LGBTQ+ activities, prohibit advocacy, and mandate ‘rehabilitation’ of children in the community. This paper critically examines how the Bill infringes upon certain…
In democratic societies, the media, often dubbed the ‘Fourth Estate,’ serves as a critical watchdog, safeguarding transparency and accountability. Yet, an unsettling trend is emerging in Ghana’s investigative journalism, namely, the use of entrapment to unveil corruption and other illicit…
Disclosure of material risks associated with medical treatment to obtain patient consent is vital to the doctor-patient relationship. It could be the determining factor between life and death, or between permanent disability and full recovery from medical treatment. On the part of the caregiver,…
The minimal concern is whether a plea bargain is a type of confession or a plea of guilty. Traditionally, the courts presented the guilty plea as a “confession” and as a gesture of remorse, in that, it was commonly relied upon as a mitigating factor in sentencing. Technically, an unambiguous…
In Ghana as elsewhere, the practice of arbitration is recognised. The Alternative Dispute Resolution Act, 2010 (“the ADR Act”) provides not only for the resolution of arbitration disputes but also for mediation and customary arbitration. It is not the purpose of this article to discuss issues about mediation…
Procreation is crucial for the survival of any species. It refers to the production of offspring and is considered the primary reason for marriage in African societies. In Africa, once a woman is married, having children is expected of her. Her inability to do so after a few months of marriage can become a serious concern,…
The Supreme Court of Ghana recently decided a case, Edmund Addo v The Republic, in which it held that ongoing criminal trials are not terminated by the repeal or revocation of the crime-creating enactments, even if the repealing enactments fail to provide for the saving of same.[1] The decision was justified on…
The High Court (Civil Procedure) Rules, 2004, (“CI 47”) recognises the fallible nature of the users of the court and has therefore made provisions to ameliorate any harsh effect of same. One of such safeguards relevant for the purpose of this article is “amendment”, as provided for under Order 16 of CI 47.
The evolution of corporate law in Ghana showcases a dynamic interplay between the tenets of majority rule and the safeguarding of minority shareholders’ rights. Historically anchored in the Foss v. Harbottle rule, Ghanaian corporate law has oscillated between reinforcing majority power and introducing protective mechanisms for minority shareholders. Gower’s…
The validity of wills is essential for ensuring the proper execution of a testator’s intentions. This article explores the significance of a jurat in determining the validity of wills and its evidential value within the legal framework of Ghana…
This article examines the historical development of the distribution of spousal property rights in Ghana, focusing on the changes that have occurred over time, using case law. It begins with the case of Quartey v Martey[1] where women were considered the property of men; consequently, they…
Welcome to the 2022 Ghana School of Law student journal. The editorial team
and its assistants have worked hard to produce the highest quality of legal
publication in a manner that is clear, precise and engaging.
This particular journal comprises of four full length articles with detailed
discussions of select topics, two case notes, two legislative notes and an
exciting commentary on the Retroactivity of the Constitution and the Right to
Property.
Welcome to the 2021 Ghana School of Law Student Journal. The Editorial Team has worked tirelessly to produce excellent legal and scholarly work following the Covid-19 pandemic.
The entries in this volume come in three main categories and two special entries. The first category is full-length articles with detailed literature reviews and more comprehensive discussions of the topics. The next category is notes, in which we present reviews of recent cases and legislation that impact the legal system. The final category is commentary, where we present a topic largely uncharted and attempt to kick start conversations in that area. Two entries stand out; the very first article in this volume is a Special Guest Contribution. The last entry is a tribute from the editorial committee to the late Justice of the Supreme Court of Ghana, His Lordship Samuel Marful-Sau.
Welcome to the 2020 edition of the Ghana School of Law Student Journal. The Editorial Board and Editorial Committee dedicated great effort to ensure scholarly writing of the utmost quality.
This volume contains nine articles spanning a wide range of topics and features a guest contribution by Bobby Banson ESQ.
