SAINT-AYISI SAMUEL

Many Ghanaians have espoused that the influx of foreign retailers in the market is a threat to indigenous business and that, the ramifications of such influx is a collapse of local businesses. This call by most Ghanaians is perceived to be a mere necessary evil but, I want to state unequivocally that it is a constitutional freedom for local retailers to remain uncompetitive with foreign traders in the area of retail. Under the Ghana Investment Promotion Centre Act 1994, (Act 478) and Act 2013 (Act 865), certain enterprises are reserved for Ghanaians and it is an offence for foreigners to participate in those specified enterprises. Section 27(1) of the GIPC Act 2013 (Act 865) states that “A person who is not a citizen or an enterprise which is not wholly owned by citizen shall not invest or participate in- a) the sale of goods or provision of services in a market, petty trading or hawking or selling of goods in a stall at any place; b) the operation of taxi or ca...

THE WRITER The 1992 Constitution, art 64(1) provides that the validity of the election of the president may be challenged only by a citizen of Ghana by a petition presented to the Supreme Court within twenty-one days after the declaration of the results. Article 64(2) further provides that a declaration by the Supreme Court that the election of the President is invalid shall be without prejudice to anything done by the President before the declaration. And article 64(3) stipulates that the Rules of Court Committee shall make rules for the practice and procedure for the petitions to the Supreme Court. The Rules of Court Committee established under article 157 of the 1992 Constitution, has accordingly made Rules, pursuant to article 157(2) if the Constitution, namely, the Supreme Court Rules, 2012(CI 74), by substituting for Part VIII of the Supreme Court Rules,1996 (CI 16) as amended, the new Part VIII, headed:  “PART VIII – CHALLENGING OF ELECTION OF THE PRESIDENT.” This p...

THE WRITER Under article 130(1)(a) of the 1992 constitution, all matters relating to the enforcement or interpretation of the constitution should be exclusively determined by the Supreme Court. Consequently, whenever, in determining a dispute relating to parliamentary election, the High Court finds that an issue relating to the enforcement or interpretation of the Constitution arises, the High Court must, under article 130(2) of the Constitution, stay proceedings and refer the constitutional issue to the Supreme Court for determination. Referral or otherwise to the Supreme Court by trial High Court of a constitutional issue The referral or otherwise of a constitutional issue by a trial High Court was considered by the Supreme Court in the case of the Republic v High Court, General Jurisdiction, Accra; Ex parte Zanetor Rawlings (Ashitey & National Democratic Congress Interested Parties) (No 1), Supreme Court, 19 May 2016 to be published in [2015-2016] SCLGR 53. After a...

Patent applications are worldwide patent applications filed through the Patent Cooperation Treaty procedure or with a national patent office for exclusive rights for an invention--a product or process that provides a new way of doing something or offers a new technical solution to a problem. A patent provides protection for the invention to the owner of the patent for a limited period, generally 20 years. Most often, these products or process gives new technical solutions to a problem, or a new method of doing things, or the composition of a new product or a technical improvement on how certain objects work.  Basically, a patent shall be a right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission. Patents and its related grants, as well as registration and invalidation, are secured under the Patents Act 2003, Act 657. A patent is defined as title granted to protect an invention and ...

Abdul Bassit Mohammed Yussif It is very critical to note a common practice in life, which points to the facts that “the same boiling water that melts the potato eventually softens the egg". This occasion for me goes a long way to pointing to the effects that a situation that weakens, threatens, and intimidate the masses must certainly be the one that encourages, pushes us and challenge us to rise against all  odds to facing our confrontations headstrong especially when it has promised to be the only guarantee of our collective failures, weakness and humiliation of our proud kingdom – “ Nanung ”, the only kingdom that defines our unique identity as Nanumbas far important beyond any other selfish and unproductive groupings or identities. Why then must we not discuss, share our opinions and attempt solutions to our problems which have seriously become a nightmare that has crippled our fortunes and successes as a people? This ridiculous culture of silence got to be ended som...

Vehicular transport in Ghana has grown with economic activity and ever-increasing car ownership levels. The demand has increased because of the urban sprawl, the evolving services sector, lack of a reliable public transport system and the Ghanaian mentality which sees car ownership as a status symbol. With so many cars and trucks on our roads, the motor vehicle has become a fact of life for Ghanaians. But our reliance on them comes at a cost. Many have died or sustained serious injuries in traffic accidents. The Road Traffic Regulations of 2012 have detailed information from the acquisition of licences to interpretation.  Few of the provisions and sections would be quoted without further explanation. Production of driver’s licence (1) A person driving a motor vehicle shall, while driving the motor vehicle, carry that person’s original driver’s licence. (2) A person driving or in charge of a motor vehicle on a road shall, on the request by a police officer in uniform or...

Most Ghanaians hailed the President of the Republic of Ghana after nominating one of the legal luminaries in relation to criminal and financial malfeasance cases dealt in court. He is noted for is vociferous fight against corruption in the country. The most important thing one ought to understand is the real functions of this office that powers the Special Prosecutor. The Office of the Special Prosecutor to investigate and prosecute certain categories of cases and allegations of corruption and other criminal wrongdoing, including those involving alleged violations of the Public Procurement Act, 2003 (Act 663) and cases implicating public officers and politically exposed persons. The establishment of the Office for the purpose of prosecuting corruption cases involving public officers and politically exposed persons in the performance of their functions will undoubtedly yield positive results in the number of corruption cases prosecuted than a multi-purpose or mixed mandat...

The jury system remains the most problematic aspect of the Ghanaian Criminal Justice System. The jury system in Ghana owes its origins to the English common law. The 1992 Constitution of Ghana entrenches jury trial. All capital offences are tried by a judge and jury of seven persons. Over the years, the capacity of the jury to effectively administer criminal justice has been the subject of intense debate in Ghana. While some scholars suggest that the system should be substantially reformed, others call for its outright abolition. Challenges of the jury system The jury system is one of the archaisms of the common law.It is simply a colonial bequest. The general attitude of Ghanaians towards the jury system reflects a high level of ambivalence about its contemporary relevance as a system of criminal trial. But the price of our ambivalence is that we have slavishly left the trial of capital offences in the hands of legally untrained persons whose verdicts are often actuated by fancif...