A-G fails to prove 2 Counts. Adu-Boahene to open defence on 9 counts out of 11.
His Wife ordered to open defence against four Counts on stealing and money-laundering
Coram: H/L Justice Francis Achibonga, JA
Counsel: Dr. Justice Srem-Sai for Republic
Samuel Atta Akyea for Accused persons
Achibonga throws A-G out on defrauding by false pretenses charge against Adu-Boahene in purchase of Cybersecurity system for Ghana.
Adu-Boahene’s Submission of no case refused for counts on stealing. Ordered to open defence against Counts.
Delivery of Ruling on submission of no case ongoing.
Coram: H/L Justice Francis Achibonga, JA
Counsel: Dr. Justice Srem-Sai for Republic
Samuel Atta Akyea for 1st Accused
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Administrative Law in Ghana: Principles, Practice, and Comparative Perspectives
By: Prof. Atudiwe P. Atupare & Francis Ontoyin Esq.
Purchase Point: University of Ghana School of Law
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Accra Lawtech Hangout 2026
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In the Court of Appeal decision of SAMUEL ABOAGYE & ANOR v. FRANK OTCHERE BAIDOO [TLP-CA-2017-228] the Court refused to set aside a writ which was not signed by a lawyer but had the stamp of the law firm of the lawyer in place of the lawyers signature. Stephanie Ama Bedu Acquah of Robert Smith Law Group reflects on this decision and renders an attractive critique of the unanimous decision of the Court delivered in the voice of Torkornoo, JA (as she then was). Relying on the jurisprudence developed by Ghana's court on validity of a court process made by non-lawyers or unlicensed lawyers, she argues that the decision in SAMUEL ABOAGYE was made per incuriam. She demonstrates that the decision weakens the safeguards meant to ensure accountability by legal professionals and serves as an avenue for abuse by non-lawyers.
READ/DOWNLOAD REFLECTION HERE=> thelawplatform.online/post/s…
A MUST READ FOR INVESTORS, DIASPORANS AND BUSINESS LAWYERS
The experienced Emmanuel Sackitey Mate-Kole, Founder & Managing Partner, M&O Law Consult, brilliantly reflects on setting up a business in Ghana. With aplomb, he offers a complete compass to investors, diaspora persons, foreigners and the Ghanaian investor on navigating the labyrinth of business establishment in Ghana. In soluble language, he guides his reader through the entire legal framework governing investments and business operations with particular focus on the Companies and the GIPC Act.
READ/DOWNLOAD REFLECTION HERE=> thelawplatform.online/post/s…
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305
There should be a statutory presumption for bail with burden shifted to the State to demonstrate grounds for denial of bail.
Article on A.O.T’s Legal Corner here=> thelawplatform.online/post/b…
H/L Justice Alexander Osei Tutu examines the statutory framework of bail under Section 96 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) and relevant jurisprudence, particularly Martin Kpebu (No.1) v Attorney-General. He argues that despite Martin Kpebu v. A-G, pre-trial detention continues to be the de facto punishment for persons arrested and charged. He argues that the burden still lies on the accused person to justify why he deserves bail. This, according to him, defeats the presumption of innocence. Drawing on comparative models from the UK Bail Act 1976, the Kenyan Constitution and the Seychelles Constitution, he argues that the presumption of innocence is not a mere principle, but a right that must include a presumption in favour of bail. He proposes a statutory presumption in favour of bail, shifting the burden to the Republic to demonstrate substantial grounds for detention. In this useful friday writing, His Lordship examines the recent policy announcement by the Honourable Attorney-General to deploy lawyers to police stations to assist suspects. He argues that while laudable, the initiative will only achieve its constitutional objective if the law is amended to make bail a right and refusal an exception. He renders a critique of onerous bail conditions and uses Thomas Teye Partey
case to illustrate pre-conviction prejudice.
READ/DOWNLOAD ARTICLE HERE=> thelawplatform.online/post/b…
In this edition of his useful Friday legal effusions, Justice Osei Tutu of the Court of Appeal Bench
argues that Section 277(2)(a) and (b) of the Land Act, 2020 (Act 1036) suffers from a fatal drafting defect, he terms “the purport trap”. By omitting "knowingly" from the vexed section of the Act which anchored Section 34 of the Land Registry Act, 1962 (Act 122), he argues that the law criminalises mere claim, boast or advertisement, without requiring fraudulent intent, knowledge or loss. Section 277, argues Justice Osei Tutu, thereby transmutes civil misadventure into a felony, criminalises honest Heads of Families, bona fide litigants, customary usufructuaries, and even prospective vendors who merely advertise. In doing so, he argues that the law renders the phrase “no title” undefined and uncertain. He demonstrates that the law usurps the jurisdiction of the courts to declare title and imposes a punishment that is grossly disproportionate. He thus proposes a legislative amendment to insert mens rea, a defence of bona fide claim of right, and a requirement of prior civil determination of want of title. He suggest that Section 277(2)(c) on conflicting grants, which inherently imports dishonesty, should be retained.
READ/DOWNLOAD ARTICLE HERE=> thelawplatform.online/post/t…
JUSAG cripples insulation of Supreme Court sittings from strike. Directs SC staff not to report to work





















