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 the 12th day of November, 2024, the Supreme Court of Ghana by a majority decision of 5 -2, interpreted Article 97 (1) (g ) & (h) to the effect that a member of parliament who files nominations to contest elections on the ticket of a different political party other than the one for which he/she was elected as member of parliament, does loose his seat as a member of the current parliament.  This decision has drawn sharp division in views of opinion leaders, lawyers, academics and jurists.  In order to understand the reasoning behind the opinions of the two sides of the bench, you are encouraged to read the full case which can be downloaded in this article.   WHO ARE THE JUSTICES  Majority Y. DARKO ASARE J.S.C PG. SACKEY TORKONOO J.S.C (CJ),  M . OWUSU J.S.C.,  Y. GAEWU J.S.C.   S .K.A. ASIEDU J.S.C. Minority (dissenting) Tanko Amadu J.S.C.  Lovelace -Johnson J.S.C   SUMMARY OF CASE Four members of the 8th parliament of Ghana,...

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...

    Social media has been buzzing with a picture of a writing on the walls of an alleged loan defaulter. The writings also allege that QUICK CREDIT, a popular loans company, is the person behind the writings. Let me say here that I have not done any independent check to confirm if Quick Credit is behind the writings on the walls of the person and this article is not in any way intended to take-on the said company but rather provide general advice to the public at large. This “quick credit” defaulter and other issues concerning how companies treat customers who default in paying loans has inspired my decision to take up this topic and share a few tips to both individuals and companies alike.   This Article will throw some light on the rights of a defaulter as well as the right of the creditor and what the two parties can safely do to ensure they do not fall at the wrong side of the law.   To set the tone, let me share the story of a client whose name I cannot mention....