LAWS OF GHANA SIMPLIFIED

Operation Recover All Loot (ORAL) has become a household name or in modern terms, it has been trending, since H.E. John Dramani Mahama was announced as the winner of the 2024 Presidential Elections. This is because, one of the most popular campaign promises he relied on in the election was to recover all resources which he said had been looted by the former administration led by H.E. Nana Addo Dankwa Akufo Addo. Even before he would be inaugurated as president, Mr. Mahama announced a five member committee which he called the ORAL Preparatory Team . The two Press Statements which were singed by the Hon. Felix Ofosu Kwakye, the acting spokesperson to the president, indicated that the team will be gathering all information and evidence of corruption and looting by persons who have been corrupt or otherwise looted state resources. This has sparked several discussions. Whilst the president has earned praises from some Ghanains for walking the talk, others have questioned the legal basis of ...

  On the 12th day of November, 2024, the Supreme Court of Ghana by a majority decision of 5 -2, interpreted Article 97 (1) (g ) & (h) to the effect that a member of parliament who files nominations to contest elections on the ticket of a different political party other than the one for which he/she was elected as member of parliament, does loose his seat as a member of the current parliament.  This decision has drawn sharp division in views of opinion leaders, lawyers, academics and jurists.  In order to understand the reasoning behind the opinions of the two sides of the bench, you are encouraged to read the full case which can be downloaded in this article.   WHO ARE THE JUSTICES  Majority Y. DARKO ASARE J.S.C PG. SACKEY TORKONOO J.S.C (CJ),  M . OWUSU J.S.C.,  Y. GAEWU J.S.C.   S .K.A. ASIEDU J.S.C. Minority (dissenting) Tanko Amadu J.S.C.  Lovelace -Johnson J.S.C   SUMMARY OF CASE Four members of the 8th parliament of Ghana,...

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 ...

We cannot downplay the importance of land in any human endeavour. Various countries have set up various legal regimes to govern the acquisition and use of land and Ghana is not an exception. It is safe to say that Ghana’s laws on land have evolved over the years through our common experiences. These common experiences have found expression in our representatives who have put together the current principal legislation to govern land in Ghana known as the LAND ACT, 2020 (ACT 1036). For purposes of easy reference, I shall refer to this law as “ the Act ” or “ Act 1036 ” as we go on. The Act has put in place several measures to make land acquisition and use easy, safe and legitimate for all. In this article, I will touch on a few sections that I believe will relate to everyday transactions in relation to land purchase and use. TYPES OF INTERESTS IN LAND When you buy land, what do you get? Do you get the right to own it forever? Does the right to own land allow you to do anything you wish o...