SAINT-AYISI SAMUEL

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 ...