Researchers have long found a positive relationship between weak political party finance regulation and perceived and actual corruption and vice versa in democracies. Ahead of the 2024 general elections in Ghana, there has been renewed interest in the matter in political and civil society circles. This article will first examine the current state of political finance regulation in Ghana and engage in a comparative analysis with political finance regimes in other countries to ascertain the strength or otherwise...
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...
“An inferior court which attempts to punish a contempt committed out of court is clearly a usurper trying to clothe itself with a jurisdiction its very nature or origin denies it; or is assuming an authority its very constitution bereft it of”—so says Kpegah J (as he then was) in Republic v District Court Grade I, Dunkwa-On-Offin; Ex Parte Owusu. The case draws a stark line between contempt of court which takes place in the face of the court known as contempt in facie curiae and contempt which takes place...
Years after its introduction, the adoption of electronic payment services in Ghana surged in 2014 with a record transaction volume of 7.17 million Ghana Cedis. In response to this growth and in a bid to create a fostering and up-to-date regulatory landscape, Parliament passed the Payment Systems and Services Act 2019 (Act 987). The Act’s main aim is to amend and consolidate the laws relating to payment systems and services, regulate institutions which carry on payment service and...
The rapid advancements in artificial intelligence (AI) have ushered in a new era of innovation and creativity. They have also given rise to intricate conundrums in the realm of intellectual property. AI-generated content such as artworks, music, and literature, have raised fundamental questions about who should be recognized as the author of these creations. The nagging question is: should AI itself be considered the author, or should credit be assigned to the human programmer who...
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…
Organ transplantation is one of the life-changing and life-saving medical advancements in the world today. However, as a result of the imbalance in the demand and supply of organs for transplant, there is an emergence of illegal transplants. This study underpins the ethical principles guiding organ transplants, beneficence, non-maleficence, and autonomy. It also examines the different cases where such illegal transplants have taken place and explores doctors’ activities, aiding the continuity of ...
The obligation of States under international law to act with due diligence does not provide a clear basis for determining the standard of behavior that States should observe when regulating activities subject to their jurisdiction and control. Due diligence remains one of the elusive normative constructs in international law especially in the area of transboundary...
Africa possesses a wealth of renewable energy resources, including hydropower, solar, wind, and bioenergy. These resources present significant opportunities for the continent to embrace sustainable energy solutions. However, the underutilization of fossil fuels in Africa highlights the complexity of Africa’s energy landscape. Many African countries rely heavily on fossil fuels, such as oil and natural gas, which are crucial for economic development and energy...
Sometime in 2011, Mr. Frank Nimako Akowuah (now partner at Bentsi-Enchill, Letsa & Ankomah) encouraged me to submit an article for publication in the Journal of the Ghana School of Law. I submitted a paper titled “The Rule in Foss v Harbottle- Dead or Alive”. Reading these 13 articles brought back nostalgic memories of the efforts a law student would have to put in to come up with such wonderful piece of legal work. To all the contributors, I say Kudos.
This collection of articles touch on a wide range of legal areas. From Arbitration to Civil Procedure; and from Constitutional Law to Company Law. The articles touch on topical issues being discussed in the current legal space. Topics such as criminalization of LGBTQ, medical negligence and surrogacy were dissected instructively by the authors.
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.
