LAWS OF GHANA SIMPLIFIED

  Madam Patricia Asiedua popularly known as Agradaa was handed a 15-year jail term yesterday by the Accra Circuit Court.   Many have argued that the jail term is excessive and harsh. This write up is aimed at throwing some light on the offense she committed and the available punishments for the court, given her circumstances, so that readers can have an informed basis to argue on whether or not the sentence was excessive.   Ms. Asiedua was charged amongst other offences, with, Defrauding by false pretences. Since I do not have the benefit of the full charge sheet, I shall discuss only the offence of defrauding by false pretences and perhaps update myself if I see the full charge sheet and get to know of the other offences she was charged in addition to this one.   But what readers must bear in mind is that, whenever two or more offences are charged and proved against a person, the courts would usually hand over sentence for all the offences. However, it i...

  The Ghanaian media has been inundated with discussions on the state's decision to discontinue criminal prosecutions against several high-profile individuals of the National Democratic Congress (NDC) which were initiated by the erstwhile NPP government, including Samuel Ofosu Ampofo, Anthony Kwaku Boahen, Dr. Stephen Kwabena Opuni, and Seidu Agongo. The Attorney General's (AG) instruction to withdraw charges has raised questions about the distinction between a Nolle Prosequi and a withdrawal of charges.   It's unclear from the information provided whether the AG entered a Nolle Prosequi or simply withdrew the charges. The distinction is crucial, as a Nolle Prosequi would imply that the state is unwilling to continue the prosecution, while a withdrawal of charges might suggest that the prosecution is being discontinued due to other reasons.   This article examines the stages at which a Nolle prosequi and Withdrawal can be entered and their effects on criminal tria...

On 30th of July, 2024, the Court of Appeal of Ghana by a majority decision of 2 -1, acquitted and discharged the Hon. Cassiel Ato Forson and Richard Jakpa in the trial popularly known as the Ambulance trial case. You can scroll down to download the full judgment, but I have also summarized it below for easy reading.   WHO ARE THE JUDGES  Majority Judges 1.      Kweku T. Ackaah-Boafo J.A 2.      P. Bright Mensah J.A Minority (dissenting Judge) 1.      Alex Poku-Acheamong J.A. For you to understand, note that the two majority judges are the ones who agreed that Ato Forson and Richard Jakpa should be set free. The dissenting Judge disagreed that’s why he is characterized as minority or dissenting. This is normal in both the Court of Appeal and Supreme Court and that is why they always have an odd number. You can read their independent detailed reasons in the full case when you click on the link at the end...

  Whilst most crimes in Ghana are recorded in the Criminal and other offences Act of 1960, Act 29, a reader is not likely to find their corresponding punishments for these offences in that law. This makes it difficult for most people to know what kind of punishment awaits them when they are found to have committed an offence. Article 19(11) of the constitution (1992), makes it illegal for anyone to be punished for an offence whose punishment is not written. It says as follows; “No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law”.   Part VI of the Criminal Procedure Act of 1960, Act 30 provides for most punishments for crimes in Ghana. Most crimes found in other laws apart from Act 29 and Act 30 usually come with their punishments in those other laws and where there is no punishment, there will be words that will lead to the fact that the punishments can be found in Act 30.   For ...

    Whilst sex is a very important part of humanity, it also has calamitous consequences when it happens wrongly. This article is not intended to look at spiritual or medical consequences of sex but rather the legal consequences of sex when not done right in Ghana. So, in effect, I shall be taking you through some offences in Ghana which can be classified as sexual offences.     Rape seems to be the commonest sexual offence known by many people. But even so, there is a very widely accepted wrong impression, that rape is forceful or violent sex with a woman. This article will try to explain what rape really is, and its consequences. It shall also explore some other sexual offences such as Defilement, Carnal Knowledge, Indecent Assault, Unnatural Carnal Knowledge, Incest, Householder permitting Defilement of a child, Procuration, Seduction or Prostitution of a child under sixteen, and Compulsion of Marriage .   RAPE Rape is a very serious offence bec...