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Remand or Punishment? An Inquiry into Ghana’s Failure to Ensure Speedy Trials

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By Alex Boateng ABSTRACT Ghana’s constitutional framework guarantees the right to a fair and speedy trial. However, systemic delays in the judicial process have raised concerns about whether prolonged remand periods amount to punitive measures in practice. This article examines the constitutional, legal, and practical dimensions of Ghana’s failure to ensure timely trials. It interrogates […]

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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 »

False News and Freedom of Expression: A Constitutional and Comparative Critique of Ghana’s Criminal Law

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Seth Boakye[1] & Emmanuel Tematey[2] Abstract Ghana’s constitutional commitment to freedom of speech faces a troubling counterpoint in the continued criminalisation of “false news.” This article examines how robust guarantees of expression under the 1992 Constitution and international law are undermined by colonial-era provisions that penalise the publication of false information. It provides an overview

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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

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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

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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

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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

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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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