On 30th of July, 2024, the Court of Appeal of Ghana by a majority decision of 2 -1, acquitted and discharged the Hon. Cassiel Ato Forson and Richard Jakpa in the trial popularly known as the Ambulance trial case. You can scroll down to download the full judgment, but I have also summarized it below for easy reading.   WHO ARE THE JUDGES  Majority Judges 1.      Kweku T. Ackaah-Boafo J.A 2.      P. Bright Mensah J.A Minority (dissenting Judge) 1.      Alex Poku-Acheamong J.A. For you to understand, note that the two majority judges are the ones who agreed that Ato Forson and Richard Jakpa should be set free. The dissenting Judge disagreed that’s why he is characterized as minority or dissenting. This is normal in both the Court of Appeal and Supreme Court and that is why they always have an odd number. You can read their independent detailed reasons in the full case when you click on the link at the end...

  Whilst most crimes in Ghana are recorded in the Criminal and other offences Act of 1960, Act 29, a reader is not likely to find their corresponding punishments for these offences in that law. This makes it difficult for most people to know what kind of punishment awaits them when they are found to have committed an offence. Article 19(11) of the constitution (1992), makes it illegal for anyone to be punished for an offence whose punishment is not written. It says as follows; “No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law”.   Part VI of the Criminal Procedure Act of 1960, Act 30 provides for most punishments for crimes in Ghana. Most crimes found in other laws apart from Act 29 and Act 30 usually come with their punishments in those other laws and where there is no punishment, there will be words that will lead to the fact that the punishments can be found in Act 30.   For ...

    Whilst sex is a very important part of humanity, it also has calamitous consequences when it happens wrongly. This article is not intended to look at spiritual or medical consequences of sex but rather the legal consequences of sex when not done right in Ghana. So, in effect, I shall be taking you through some offences in Ghana which can be classified as sexual offences.     Rape seems to be the commonest sexual offence known by many people. But even so, there is a very widely accepted wrong impression, that rape is forceful or violent sex with a woman. This article will try to explain what rape really is, and its consequences. It shall also explore some other sexual offences such as Defilement, Carnal Knowledge, Indecent Assault, Unnatural Carnal Knowledge, Incest, Householder permitting Defilement of a child, Procuration, Seduction or Prostitution of a child under sixteen, and Compulsion of Marriage .   RAPE Rape is a very serious offence bec...

Ghana recently passed a plea bargain law. This was actually an amendment to the criminal and other offences procedure act in order to allow for plea bargain to happen during trials. This Article seeks to shed some light on the relevant portions of this law and what it means to the ordinary citizen.   First of all, what is a Plea Bargain? This can be explained as a procedure that allows the state (prosecutor) to negotiate with an accused person who is willing to admit guilt so that a lesser punishment would be given to him instead of the full punishment. It can sometimes lead to the accused walking away free. In other words, this law is about “ how to commit a crime and walk home free ”. The term “walking home free” here must be used advisedly. The most critical thing here is negotiation. One advantage is that it helps us reduce the number of persons who are sent to prison for offences that could have been resolved.   It also affords an opportunity for the offender to comp...