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WEAPONISING AUDI ALTERAM PARTEM: HOW STRATEGIC ABSTENTION IS EXPLOITED TO INVALIDATE JUDGMENTS IN GHANA’S COURTS; A CASE FOR HIGHER EVIDENTIARY THRESHOLD IN APPLICATIONS TO SET ASIDE OR QUASH JUDGEMENTS BASED ON NATURAL JUSTICE VIOLATIONS.

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  HER LADYSHIP JUSTICE SEDINAM AWO KWADAM (MRS.)* 2nd January, 2026. ABSTRACT A sophisticated and troubling procedural phenomenon is metastasizing within Ghana’s civil justice system: the strategic exploitation of the audi alteram partem rule to invalidate lawfully obtained judgments. This paper identifies a pervasive pattern wherein litigants, typically defendants who have been duly served, whether by personal […]

WEAPONISING AUDI ALTERAM PARTEM: HOW STRATEGIC ABSTENTION IS EXPLOITED TO INVALIDATE JUDGMENTS IN GHANA’S COURTS; A CASE FOR HIGHER EVIDENTIARY THRESHOLD IN APPLICATIONS TO SET ASIDE OR QUASH JUDGEMENTS BASED ON NATURAL JUSTICE VIOLATIONS. Read More »

ACCUSER, JUDGE AND EXECUTIONER: HOW GHANA’S SUPERIOR COURTS BREACH ‘NEMO JUDEX IN CAUSA SUA’ IN CONTEMPT ADJUDICATIONS; A WAKEUP CALL FOR COMPREHENSIVE PROCEDURAL RULES TO GUIDE CONTEMPT PROCEEDINGS.

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By Her Honour Judge Sedinam Awo Kwadam (Mrs.), Circuit Court 7, Accra, Ghana. 15th June, 2025. ABSTRACT The rule, nemo judex in causa sua (no one should be a judge in their own cause), stands as a foundational norm of natural justice, enshrined in both the common law tradition and Ghana’s constitutional framework. Despite its

ACCUSER, JUDGE AND EXECUTIONER: HOW GHANA’S SUPERIOR COURTS BREACH ‘NEMO JUDEX IN CAUSA SUA’ IN CONTEMPT ADJUDICATIONS; A WAKEUP CALL FOR COMPREHENSIVE PROCEDURAL RULES TO GUIDE CONTEMPT PROCEEDINGS. Read More »

Legal Architects: Lawyers, Prosecutors and the Space Between the Lines of the Law – Part 4

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This is the 3rd Piece of a 4 part series. Part 1 may be obtained here.  Part 2 may be obtained here Part 3 may be obtained here 4.0 CORRUPTION IN THE JUDICIARY Despite the existence of perceptions and evidence of corruption among some judges, many judges maintain a commitment to integrity, actively discouraging bribery

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Legal Architects: Lawyers, Prosecutors and the Space Between the Lines of the Law – Part 3

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This is the 3rd Piece of a 4 part series. Part 1 may be obtained here.  Part 2 may be obtained here 3.0 LAWYERS –  PIVOTAL ELEMENT OF JUSTICE If proverbs serve as the palm oil with which words are eaten, then lawyers function as the engines around which the wheel of justice revolves. Lawyers

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Legal Architects: Lawyers, Prosecutors and the Space Between the Lines of the Law – Part 2

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This is the 2nd Piece of a 4 part series. Part 1 may be obtained here.  Cascading Effect Such factors not only affect the accused individual’s right to a fair trial within a reasonable timeframe but also impact other parties, such as witnesses. When a witness for the prosecution is present in court but the

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Legal Architects: Lawyers, Prosecutors and the Space Between the Lines of the Law

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Bertha Aniagyei* Appreciation* In response to my article on judicial reforms, titled “Strengthening the Rule of Law: The Need for Bold and Inclusive Judicial Reforms,” a thoughtful reader highlighted that the responsibility for certain persistent challenges, particularly the issue of undue delay in adjudication, is a shared one between the judiciary and other stakeholders. I

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Protests in Mexico as controversial judicial reform passed

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Reuters Picture – Police were out in force as demonstrators protested against the reform Mexico’s Senate has approved a controversial judicial reform under which judges will be elected by popular vote. Its supporters say the changes will make judges more accountable to the Mexican people but critics argue it undermines the country’s system of checks

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