SAINT-AYISI SAMUEL

The remand into prison custody by the Accra Circuit Court of the Bono Regional Chairman of the New Patriotic Party (NPP), Kwame Baffoe, popularly known as Abronye, on charges of offensive conduct conducive to the breach of public peace and publication of false news had led to diverse opinions shared by the public. It is plausible to note that the discussions around the refusal of bail, culminating into a one-week remand is worth commendable, as a section of Ghanaians are gradually being informed about the basics of legal nuances. However, let me be blunt here; Kwame Baffoe (Abronye), having been “injected” with “300Ls” dose of law into his blood should have contemplated the legal consequence of filing for asylum in eight (8) countries after such offensive conduct conducive to the breach of public peace and publication of false news. The legal consequence here is the refusal to grant him bail. It is important to state that the decision in  Martin Kpebu (No. 2) v. the Attorney...

Patricia Asiedua Asiamah, popularly known as Nana Agradaa, has been in the news after the ruling by an Accra Circuit Court, having found her guilty on multiple counts of charlatanic advertisement and defrauding by false pretence. The charges stemmed from a televised broadcast in 2022, during which Agradaa claimed to possess spiritual powers capable of doubling money. This piece is not meant to dissect the concept of defrauding by false pretence, but to place the public uproar on the scale of justice, to find the balance between the sentencing and the applicable laws in determining the harshness or otherwise of the sentencing. There is a long-established principle in Ghanaian jurisprudence that in the absence of mandatory minimum sentences prescribed by statute, the trial judge enjoys wide discretion in sentencing. In the case of Blay v. The Republic , although the appellant was convicted on a count of defrauding by false pretence, the sentencing was subject to review with some rel...

Diverse opinions have ensued pursuant to the arrest warrant issued by the Koforidua High Court after convicting the Member of Parliament for Akwatia, Hon. Ernest Kumi, for contempt of court. The legitimacy of his seat is not the topic in contention in this article. The focus is whether the arrest warrant issued by the court is unconstitutional? Well, this has been elaborated below. The Constitution, 1992 has significant implications on the arrest of Members of Parliament (MPs). According to Article 117 of the Constitution, 1992, civil or criminal processes from any court or place outside Parliament cannot be served on or executed in relation to the Speaker, a member, or the clerk to Parliament while they are on their way to, attending, or returning from any proceedings of Parliament. Furthermore, the Constitution also provides that civil or criminal proceedings cannot be instituted against an MP in any court or place outside Parliament for any matter or thing brought by them in o...

The Office of the Special Prosecutor (OSP), has declared former Finance Minister, Ken Ofori-Atta, a wanted fugitive in connection with multiple corruption-related investigations. This declaration has sparked significant legal debate, regarding the OSP's authority and the broader legal implications of such an action. On February 12, 2025, the OSP announced that Mr. Ofori-Atta was wanted for questioning in several high-profile cases, including: the Strategic Mobilization-GRA Contract, termination of the ECG-GXC Contract, payments related to the National Cathedral, and the Ambulance Procurement Contract. The OSP stated that Mr. Ofori-Atta had failed to honor multiple invitations for questioning and had left the country indefinitely, citing medical reasons. The OSP expressed skepticism regarding the authenticity of the medical documentation provided and declared him a fugitive from justice. Legal Implications The OSP's declaration has been met with criticism from various le...