Ghanaian Authors

IS SECTION 46 OF THE CHIEFTAINCY ACT, 2008 (ACT 759) UNCONSTITUTIONAL, ILLOGICAL AND INCOMPLETE?

The Shield That Has Become A Fortress   What You Will Find: The Constitution prescribes accountability. Section 46 of Act 759 prescribes immunity. Section 46 is a general execution rule, hiding inside the Chieftaincy Act. It is better to secure the stable before the horse strays than to bar the gate after judgment has been […]

IS SECTION 46 OF THE CHIEFTAINCY ACT, 2008 (ACT 759) UNCONSTITUTIONAL, ILLOGICAL AND INCOMPLETE? Read More »

SUBSIDIARY LEGISLATION TOUCHES LIVES MORE CLOSELY: THE CASE OF L.I. 2519 AND TRAFFITECH

By Benjamin Tachie Antiedu, Esq & Goodnuff Appiah Larbi, PhD ABSTRACT Subsidiary legislation is often regarded as a technical aspect of lawmaking, yet it is through subsidiary legislation that the effects of many Acts of Parliament are translated into the everyday lives of citizens. This article examines the practical significance of subsidiary legislation through the

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THE ENFORCEABILITY AND LIMITS OF ENFORCEMENT OF CHIEFTAINCY-RELATED CRIMINAL OFFENCES IN GHANA: A CRITICAL ANALYSIS OF SECTION 63(a) AND (b) OF THE CHIEFTAINCY ACT, 2008 (ACT 759)

APPIAH KUBI RICHARD, ESQ. BSC.ADM, BA, LLB, MBA, MPHIL, BL, DBA (C) 0240478605/0506830610 APPIAHKUBITHESIS@GMAIL.COM ABSTRACT The institution of chieftaincy occupies a constitutionally recognized and historically significant position in Ghana’s governance structure. Although the institution is primarily rooted in customary law and usage, it operates within the broader constitutional and statutory framework of the Republic. One

THE ENFORCEABILITY AND LIMITS OF ENFORCEMENT OF CHIEFTAINCY-RELATED CRIMINAL OFFENCES IN GHANA: A CRITICAL ANALYSIS OF SECTION 63(a) AND (b) OF THE CHIEFTAINCY ACT, 2008 (ACT 759) Read More »

FRIDAY LEGAL CORNER – THE CRIME OF HOLDING OUT: SECTION 277(2) AND THE DRAGNET OF JUSTICE

  DO YOU KNOW THAT: “I will give you land” is now more dangerous than “I will beat you” on a land site? Under Section 277(2), the race to the Police Station is now a shortcut to land title? If two Heads of Families claim the same land and purport to grant to third parties,

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BAIL PENDING TRIAL: WHY DO WE CAGE THE PRESUMED INNOCENT?

Volume 8, 2026 Edition What you will find: • The Constitution says “Innocent” – Act 30 says “May”. The Battle for Bail in Ghana. • Let the Republic Earn the Right to Detain: Flipping the Burden under Article 19(2)(c). • One Country, Two Laws. “When justice appears harsh against the weak but accommodating towards the

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SuperlawGH to Organise Webinar on District Court Practice for Young Lawyers

SuperlawGH is set to organise a practical webinar for young lawyers aimed at strengthening their knowledge of District Court practice and procedure. The webinar, scheduled for October 29, 2026, will be facilitated by Her Honour Nana Serwaa Dua-Adonteng, a judge of the Circuit Court, Ghana, and will focus on the practical realities of litigation before

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TWO BIRDS, ONE STONE? THE RISKS OF CHALLENGING DIFFERENT ORDERS IN A SINGLE CERTIORARI APPLICATION.

  John Ajet-Nasam Esq. PREFACE. On October 14, 2026, I was at the Supreme Court when Republic v. High Court (Criminal Division 4); Ex parte Solomon Asamoah (Interested Parties: Attorney-General and Her Ladyship Justice Audrey Kocuvie-Tay), Suit No. J5/07/2026, was called. During the proceedings, counsel for the Applicant apologised to the Court and explained that

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 THE WOMB ON TRIAL: WHEN THE WOMB BECOMES THE ACCUSED

 THE WOMB ON TRIAL: WHEN THE WOMB BECOMES THE ACCUSED A Breast Cancer Month Reflection on Section 41(3)(c) of Act 367.    By His Lordship Justice Alexander Osei Tutu, J.A.   Author’s Dedication: To the Ghanaian woman whose womb was put on trial – called obonini, kukuba – divorced because she bore no child; To

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Friday Legal Corner – No, Misdemeanours Do Attract a Prison Term in Ghana, Even 25 Years

FRIDAY LEGAL CORNER HIS LORDSHIP JUSTICE ALEXANDER OSEI TUTU, JA. VOL. 6, 2026 EDITION No, Misdemeanours Do Attract a Prison Term in Ghana, Even 25 Years (Why small keys still lock big doors and why community service is not automatic) Introduction A few weeks ago, a certain wind began to blow through our legal streets,

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WHO GIVES THE CONSTITUTION ITS PURPOSE? MOPA, JUDICIAL POWER AND THE SEARCH FOR INTERPRETIVE DISCIPLINE IN GHANA

BY: DARLINGTON AMOFA, ESQ.* In thinking about the place of purpose in constitutional interpretation, and particularly the difficult boundary between giving meaning to an authoritative text and giving that text a meaning of one’s own, I am reminded of an ancient injunction in the Book of Deuteronomy: “Ye shall not add unto the word which

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