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Constitutional Law

CONSTITUTION DAY IN GHANA: RELEVANCE, REFLECTION, AND RENEWAL

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By Benjamin Tachie Antiedu, Esq & Goodnuff Appiah Larbi, (Ph.D.) Introduction The Constitution occupies a unique and exalted place within Ghana’s legal and political order. It is sui generis among laws and the fundamental law from which the validity of all other enactments, actions, and omissions derives. Beyond its binding legal force, the Constitution embodies […]

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Key Observations on the Constitutional Review Commission Report Submitted to President Mahama

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By Alex Boateng Introduction An important turning point in Ghana’s constitutional history was reached yesterday when President John Dramani Mahama received a 127-page Constitutional Review Committee (CRC) Report. Constitutional review is a means to redress power disparities, improve accountability, and bolster democracy and public confidence in the state. The work of the CRC shows an

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Constitutional Review Committee – Final Recommendations: “Transforming Ghana: From Electoral Democracy to Developmental Democracy”

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Table of Contents TRANSMITAL LETTER…………………………………………………………………………………………………………………….7 Guiding Principles and Organisational Framework…………………………………………………………………8 Committee‘s Approach and Methodology…………………………………………………………………………………..9 Summary of Consultation Outcomes………………………………………………………………………………………….14 The Report: “Transforming Ghana: From Electoral Democracy to Developmental Democracy“…………………………………………………………………………………………………………………………………….15 Acknowledgements and Gratitude…………………………………………………………………………………………….16 Conclusion……………………………………………………………………………………………………………………………………..17 CHAPTER ONE: TOWARDS AN EFFECTIVE PRESIDENCY………………………………………………………..19 Background……………………………………………………………………………………………………………………………………19 Term of Office of President: Total Number of Terms………………………………………………………………..19 Term of Office of President: Length of a Term…………………………………………………………………………..19 Minimum Age Qualification to be President………………………………………………………………………………19 Exemption from Tax……………………………………………………………………………………………………………………….19 Emoluments of the President and Other Holders of Public Office: Article 71…………………….19 Immunities After Ceasing to be President…………………………………………………………………………………..20 Vice President or Prime Minister?……………………………………………………………………………………………….20 Appointment of Ministers

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Case Brief: Mensima v Attorney-General 9 [1996-97] SCGLR 676

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Facts: In this case, the plaintiffs, members of a registered co-operative union, broke off from the union and formed a limited liability company. The object of the company was to distil locally manufactured gin – akpeteshie. Officers of the co-operative union prevented them from distilling the gin. They were also harassed, and their products were

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Case Brief: New Patriotic Party v Attorney-General (CIBA Case) [1996-97] SCGLR 729

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Facts: The plaintiffs, a registered political party, sued in the Supreme Court under article 2(1) of the Constitution, 1992 for a declaration, inter alia, that the Council of Indigenous Business Associations Law, 1993 (PNDCL 312), was inconsistent with and in contravention of some specified articles of the Constitution, 1992 including articles 35(1) and 37(2)(a) and

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Case Brief: Yaw Brogya Gyamfi vs The Attorney General

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Statement of Facts: In this case, the plaintiff essentially sought a declaration that a certain agreement –The Defence Co-operation, the Status of United States Forces and Access to and Use of Agreed Facilities and Areas in the Republic of Ghana contravened the constitution because it was not duly executed (unsigned) and that additionally, the provisions

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Case Brief: Republic v. Director of Prisons: Ex Parte Salifa (No 1)

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Statement of Facts: Mohammed Addul Rahim Baba Salifa, the applicant, was sent to live with a guardian in Guinea for schooling in 1965. The applicant suffered ill-treatment from his guardian and escaped to Sierra Leone. In Sierra Leone, he sought the assistance of the Ghana High Commissioner to help him return to his parents in

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Case Brief: Republic v. Director of Special Branch; Ex Parte Salifa (No 2)[1]

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Statement of Facts: Following the release of Mohammed Abdul Rahim Baba Salifa on the order of the High Court in the Ex Parte Salifa (no 1),[2] the Special Branch of the Police Service rearrested him. This time, he was accused of subversion. His father subsequently filed a writ of habeas corpus ad subjiciendum and prayed

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Case Brief: State v. General Officer Commanding the Ghana Army; Ex Parte Braimah[1]

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Statement of Facts: The respondent, a Nigerian citizen resident in Ghana, was arrested by the army authorities on suspicion of having committed the offence of stealing. At the time, the army had the power to arrest and prosecute just like the police. The Attorney-General gave a written consent for the respondent to be detained for

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Case Brief: Ghana Bar Association v. Attorney-General and Abban (Abban Case)

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“With great respect to my learned brother, I think this a very simplistic way to consider a serious and deep legal concept like the “”political question”. I have always been of the view that the principle of political question is something which is inherent in the concept of separation of powers where certain functions are

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