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Showing posts from January, 2018

THE JURY SYSTEM: A TOTAL ANACHRONINISTIC APPROACH

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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...

THE POWER OF ATTORNEY ACT 1998, ACT 549

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A power of attorney may be defined as a document authorising a person to act on behalf of another person. The person authorising another to act on his behalf is known as the “principal or the “donor” and the person authorized to act on behalf of another person is known as the “attorney” or the “donee”. The effect of a power of Attorney is to confer power on a donee or in the case of more than one donee, the authority to perform acts which can lawfully be done by a donee or attorney. A power of attorney can be created for any purpose including for security purposes. A power of attorney is revocable at any time. Eligible Persons Any person can be authorized to act for and on behalf of another. They may include individuals, corporate bodies, trustees, trustee corporation just to mention a few. Creating a Valid Power of Attorney The law enumerates the requirements for creating a valid power of attorney. Under the law, the document creating the power of attorney shall be...