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THE PRETRIAL DETAINEE IN GHANAIAN CIVIL LITIGATION: A CONSTITUTIONAL AND INTERNATIONAL HUMAN RIGHTS APPRAISAL OF ORDER 73 OF C.I. 47 AND ORDER 12 OF C.I. 59; A CASE FOR THE EXPUNGEMENT OF ABSCONDING WARRANTS FROM GHANAIAN CIVIL PROCEDURE.

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  HER LADYSHIP JUSTICE SEDINAM AWO KWADAM (MRS.)* 12th NOVEMBER, 2025.   ABSTRACT This paper presents a rigorous and multi-faceted critique of Order 73 of Ghana’s High Court (Civil Procedure) Rules, 2004 (C.I. 47) and Order 12 of the District Court (Civil Procedure) Rules, 2009 (C.I. 59), procedural relics that permit the pre-judgment arrest and […]

THE PRETRIAL DETAINEE IN GHANAIAN CIVIL LITIGATION: A CONSTITUTIONAL AND INTERNATIONAL HUMAN RIGHTS APPRAISAL OF ORDER 73 OF C.I. 47 AND ORDER 12 OF C.I. 59; A CASE FOR THE EXPUNGEMENT OF ABSCONDING WARRANTS FROM GHANAIAN CIVIL PROCEDURE. Read More »

Goods sold are not returnable: The law as it stands

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By Osei POKU Esq. A recent incident involving a soldier physically assaulting pharmacy attendants and a female customer over the refusal to accept a returned medicine has reignited public discussion about consumer rights and merchant obligations under Ghanaian law. The altercation, which stemmed from the customer’s insistence on returning purchased medication, highlights the need for

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DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM – PART 3

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DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM.  Bertha Aniagyei* PART III  DISADVANTAGES OF THE PRACTICE Despite the various reasons for the prevalence of this debt collector mentality within certain courts, particularly in relation to criminal procedure, it is evident that its disadvantages significantly outweigh its advantages. This practice is detrimental

DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM – PART 3 Read More »

DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM.  PART 2

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Bertha Aniagyei* PART II BEYOND DEBT COLLECTION: DIFFERENTIATION BETWEEN THE INFORMAL DEBT COLLECTION PRACTICE AND SECTION 35 OF THE COURTS ACT AND PLEA BARGAINING IN GHANA. The debt collector procedure as presented in Part I of this paper, bears no resemblance to the legal frameworks that permit an accused individual to make restitution, reparation, or

DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM.  PART 2 Read More »

DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM. 

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Bertha Aniagyei* PART I INTRODUCTION The Reality: Criminal Courts as Debt Collectors.  As legal practitioners and scholars, it is important to recognize a pervasive and troubling practice that has seemingly established itself within the framework of our criminal justice system. This practice pertains to the tendency of courts, particularly lower courts that handle the majority

DEBT COLLECTORS IN ROBES: EXAMINING PROCEDURAL DEVIATIONS IN GHANA’S CRIMINAL JUSTICE SYSTEM.  Read More »

JUDICIAL INSULARITY AT A DIPLOMATIC COST: GHANA’S MISSED MOMENT FOR PURPOSIVE CONSTITUTIONALISM AND THE DISPROPORTIONATE BURDEN ON TREATY PARTNERS; A CRITIQUE OF THE GUANTANAMO JUDGMENT.

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  Her Honour Judge Sedinam Awo Kwadam (Mrs.)* 21st September, 2025.   ABSTRACT This paper critically examines the Ghana Supreme Court’s 2017 decision in Banful & Another v Attorney-General & Another (“Guantanamo Judgment”), which invalidated an agreement for the resettlement of two former Guantanamo detainees due to non-ratification. The decision is critiqued as insular and

JUDICIAL INSULARITY AT A DIPLOMATIC COST: GHANA’S MISSED MOMENT FOR PURPOSIVE CONSTITUTIONALISM AND THE DISPROPORTIONATE BURDEN ON TREATY PARTNERS; A CRITIQUE OF THE GUANTANAMO JUDGMENT. Read More »

ROSES ARE RED, THE STATUTE IS STALE: THE OBSCENITY DEBATE AND LEGAL LIMBO OF SEX TOYS IN GHANA.

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By Her Honour Judge Sedinam Awo Kwadam (Mrs.) 1st September, 2025. ABSTRACT The legal status of sex toys in Ghana remains unsettled, straddling the intersection of morality, obscenity, personal autonomy, and public order. While Ghana’s Criminal and Other Offences Act, 1960 (Act 29) criminalizes the sale or public exhibition of “obscene objects,” the absence of

ROSES ARE RED, THE STATUTE IS STALE: THE OBSCENITY DEBATE AND LEGAL LIMBO OF SEX TOYS IN GHANA. Read More »

Kwaku Azar writes: The way forward for legal education reform

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  INTRODUCTION Chief Justice Sophia Akuffo recently declared, amidst applause, that as long as she has something to do with it, she will not allow the “mass production” of lawyers in the country. She justified her call by referring to the model used by the medical profession and misconduct by some lawyers that could not

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PIERCING THE JUDICIAL ROBE: THE ICC’S HISTORIC INDICTMENT OF THE TALIBAN CHIEF JUSTICE AND ITS IMPLICATIONS FOR GLOBAL JUDICIAL ACCOUNTABILITY; AN EXPOSÉ AND CAUTION TO JUDICIAL ACTORS.

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PIERCING THE JUDICIAL ROBE: THE ICC’S HISTORIC INDICTMENT OF THE TALIBAN CHIEF JUSTICE AND ITS IMPLICATIONS FOR GLOBAL JUDICIAL ACCOUNTABILITY; AN EXPOSÉ AND CAUTION TO JUDICIAL ACTORS. Her Honour Judge Sedinam Awo Kwadam (Mrs.)* 29th July, 2025. This Paper is dedicated to Her Ladyship the Late Justice Rita Agyeman-Budu (Mrs.) J.*   ABSTRACT This paper

PIERCING THE JUDICIAL ROBE: THE ICC’S HISTORIC INDICTMENT OF THE TALIBAN CHIEF JUSTICE AND ITS IMPLICATIONS FOR GLOBAL JUDICIAL ACCOUNTABILITY; AN EXPOSÉ AND CAUTION TO JUDICIAL ACTORS. Read More »

Time to Clean House: The Cost of Antiquated Crimes and Why Ghana’s Criminal Code Needs an Overhaul.

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A Legislative Reform Brief on Obsolete Offences and Inefficient Punishments in Act 29 Bertha Aniagyei Introduction The motivation for this brief reflection was prompted by the invocation of archaic laws by the current U.S. President, Donald Trump. Laws enacted as early as the 1800s, such as the Alien Enemies Act of 1798, which had remained

Time to Clean House: The Cost of Antiquated Crimes and Why Ghana’s Criminal Code Needs an Overhaul. Read More »

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