juris

The Lawyer on the Train

A lawyer once boarded a train from Liverpool to Manchester. At first, he found himself alone in the business class carriage. A few minutes later, a beautiful lady entered and sat opposite him. She smiled repeatedly, and eventually moved to sit beside him. The lawyer’s heart leapt with joy.

Then she leaned closer and whispered: Hand over all your cash, cards, and mobile phone or I’ll scream and accuse you of harassing me.

The lawyer froze. Quickly, he pulled out a pen and paper and wrote: I’m sorry, I cannot hear or speak. Please write down whatever you want to say.

The lady, thinking she had the upper hand, wrote down her threat and handed it back. The lawyer calmly folded the note, slipped it into his pocket, stood up, and said aloud:

Now go ahead...shout and scream!

Moral of the Story ?

Documentation is powerful.

Once something is written down, it becomes evidence. In this case, the lawyer turned the tables by ensuring the threat was documented in the lady’s own handwriting.

In life and business, documentation protects you. Contracts, receipts, agreements, and even simple notes can safeguard your rights. If you don’t yet know how to properly document your dealings, make it a priority. The law of evidence favors those who can prove their case.

Quote for the ~~Week~~ Year...

There is an Einstein in all of us just let it out.

To a year full of growth despite heartaches!

Monday, 4 March 2013

Ghana's Election wahala

Ghana’s election last year was, to put it mildly, what I would describe as a scene straight out of one of my favourite telenovelas or soap operas. One episode seemed to lead seamlessly into another, with plenty of buhaha along the way.

First, there was the controversy surrounding the creation of 45 new constituencies. Then came the famous Ayariga cough and the unforgettable “Yes, we can” or was it “Yes, we won’t”? And just when we thought the drama was winding down, the flag bearer of the PPP, Papa Kwesi Nduom, appeared at a news conference in Accra to submit his tax documents barely 48 hours before the election.

Now, a new episode has begun, with the opposition NPP challenging the outcome of the elections in the Supreme Court of Ghana. Understandably, this has generated mixed feelings among Ghanaians.

But beyond the legal arguments and political contestation, I find myself wondering about something else: What are our state security agencies doing to ensure that peace is maintained, regardless of the eventual decision of the Court?

What role are institutions such as the NCCE playing in educating the public about what the judicial process means for our democracy and about the responsibility of every Ghanaian to exercise restraint and avoid actions or statements that could threaten the peace and stability of our country?

Recently, a rally was held where certain statements were made which, although perhaps innocent on the surface, appeared to allude to particular events in our history. In my view, such references were unnecessary and unhelpful, especially at a time when emotions surrounding the election remain high.

I believe it is entirely within the rights of the NPP to challenge the legitimacy of the election through the courts. That is precisely what democratic institutions and the rule of law are meant to provide: a peaceful avenue for resolving disputes.

At the same time, the rest of us have a responsibility to allow the judicial process to run its course. We should remain calm, sit back, cross our legs (perhaps our fingers too)and take a sip of wine or gulp it if that is your preference and wait for the Court to have its say.

Whatever the outcome, Ghana will still be Ghana and we will all have to live together after the judges have delivered their decision.

So, perhaps for this particular episode of our political telenovela, the best thing we can all do is keep calm, respect the process and let the law take its course whilst we wonder if Fernondo Jose would get back with Rosalinda. Ay, Amor

Monday, 17 October 2011

NEW DISTRICTS TO BE CREATED IN GHANA

New Districts to Be Created in Ghana

At a recent press conference, Mr. Samuel Ofosu Ampofo, Minister for Local Government and Rural Development, announced that government will soon present to Parliament the necessary legislative instrument for the creation of new districts across the country.

In total, 42 new districts are expected to be established nationwide, with GH₵40 million allocated to support the process. Already, five districts have been created. Mr. Ampofo, speaking at a durbar of chiefs in Dodowa (Greater Accra Region), emphasised that the initiative will follow consultations with key stakeholders.

The primary aim of this exercise is to strengthen local governance and ensure more effective management and development across Ghana.

Regional Breakdown of the New Districts

Greater Accra – 5, Eastern – 5, Brong Ahafo – 4, Volta – 7, Central – 2, Ashanti – 4, Upper East – 3, Upper West– 2, Western – 4, Northern – 7

The creation of districts inevitably ties into constitutional provisions on electoral boundaries. Under Article 45 of the 1992 Constitution, the Electoral Commission (EC) is the final authority in demarcating constituency boundaries. Article 47(3) provides that Constituency boundaries must ensure that inhabitants are, as nearly as possible, equal to the population quota. Article 47(5) also provides for the EC must review Ghana’s constituencies at intervals of not less than seven years, or within twelve months after a census, and may alter boundaries accordingly. Article 48 provides procedures for resolving grievances arising from boundary demarcations. These provisions highlight the importance of approaching district creation objectively, balancing governance needs with constitutional requirements.

Friday, 14 October 2011

THE 1992 REPUBLICAN CONSTITUTION

TThe 1992 Constitution of Ghana stands as the supreme law of the land. No legislation can override its authority, and any law found to be inconsistent with it is automatically rendered unconstitutional (Article 1(2)). Unlike ordinary statutes, this Constitution was directly approved by the people through a national referendum, making it truly a law of the people and for the people. Through this document, citizens gain the power of the ballot box universal adult suffrage which allows them to elect leaders such as the President to govern in their name.

The Constitution was approved on 28 April 1992 with overwhelming support (92%) and came into force on 7 January 1993. It declares Ghana a unitary republic, with sovereignty residing in the people. The Preamble begins with the words: “IN THE NAME OF THE ALMIGHTY GOD WE THE PEOPLE OF GHANA…”, a reminder that government exists to serve the people. Article 1 further emphasizes that sovereignty belongs to the people, and government powers must be exercised for their welfare within constitutional limits. Article 125(1)(3) reinforces this principle: “Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution.”

The 1992 Constitution reflects lessons from Ghana’s earlier constitutions of 1957, 1960, 1969, and 1979. Drawing inspiration from both British and American constitutional models, it was carefully designed to prevent coups, dictatorship, and one party rule. Its framework promotes tolerance, power sharing, and democratic governance. It defines the fundamental political principles of the state, establishes the structure and duties of government, outlines the powers of the judiciary and legislature, and guarantees the fundamental rights and responsibilities of citizens.

The Preamble is especially significant. It explains the purpose of the Constitution and affirms that all governmental authority originates from the people. In essence, it is the spirit of the Constitution guiding interpretation and reminding both leaders and citizens of their shared responsibility to uphold democratic values.It provides as follows:

IN EXERCISE of our natural and inalienable right to establish a framework of government which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity and prosperity;

IN A SPIRIT of friendship and peace with all peoples of the world;

AND IN SOLEMN declaration and affirmation of our commitment to;

Freedom, Justice, Probity and Accountability;

The Principle that all powers of Government spring from the Sovereign Will of the People;

The Principle of Universal Adult Suffrage;

The Rule of Law;

The protection and preservation of Fundamental Human Rights and Freedoms, Unity and Stability for our Nation;

DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The Preamble of the 1992 Constitution is often described as the spirit of the document, setting out the ideals and values upon which the nation rests. Yet, beyond the preamble, some of the most critical provisions lie in Articles 1–3.

Article 1 establishes the supremacy of the Constitution. Any law inconsistent with it is deemed unconstitutional. It also affirms the sovereignty of the people.

Article 2 empowers citizens to challenge unconstitutional laws, acts, or omissions before the Supreme Court.

Article 3 imposes a duty on all citizens to defend the Constitution, resisting treason, coups, or attempts to overthrow it. It even directs citizens to do “all in their power” to restore the Constitution if it is suspended or abrogated.

This phrase “all in their power”raises an interesting jurisprudential debate. Could it be interpreted as sanctioning civil disobedience, or even violent resistance? If someone takes up arms to defend the Constitution, are they acting within its mandate? The wording leaves room for interpretation, and scholars often question whether it inadvertently legitimises violence in defense of constitutional order.

Article 17(1) declares that “All persons shall be equal before the law.” Yet, Article 57(2) introduces an exception: the President takes precedence over all other persons, followed by the Vice‑President, Speaker of Parliament, and Chief Justice. This raises practical concerns. If the President were to commit a crime, does precedence shield him from accountability? In emergencies, does precedence mean the President’s safety is prioritised over women and children? The rationale may be that continuity of governance requires protecting the leadership hierarchy to prevent chaos but it undeniably complicates the principle of equality.

Article 19(2) provides that offences punishable by death or life imprisonment (except treason or high treason) must be tried by a judge and jury. The intent is to ensure that peers, not just judges, assess the factual basis of such serious charges. But this raises another question: Is the jury system truly efficient in Ghana? Concerns about training, impartiality, and consistency remain.

Constitutional Oaths

Finally, the Second Schedule of the Constitution sets out the various oaths, including the Oath of Allegiance, which binds officeholders to uphold the Constitution and serve the nation faithfully.

THE OATH OF ALLEGIANCE

I,.........................................................................................................do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana as by law established; that I will uphold the sovereignty and integrity of Ghana; and that I will preserve, protect and defend the Constitution of the Republic of Ghana. (So help me God).

To be sworn before the President, the Chief Justice or such other person as the President may designate.

THE CONSTITUTIONAL REVIEW.

On January 11, 2010, the President of Ghana, His Excellency Prof. John Evans Atta Mills, inaugurated a nine member Constitution Review Commission (CRC). The CRC was established under Constitutional Instrument (C.I.) 64 of 2010 as a Commission of Inquiry tasked with conducting a consultative review of the operation of the 1992 Constitution. The Commission was designed to function as a quasi judicial body for a period of 12 months, extendable up to 18 months. It was chaired by Professor Albert Fiadjoe, an Emeritus Professor of Law at the University of the West Indies.

Among its key responsibilities were:

Reviewing the effectiveness of the 1992 Constitution.

Making recommendations to government for consideration.

The establishment of the CRC reflected commitment by the State to strengthening constitutional governance by ensuring that the supreme law of the land evolves to meet the needs of its people.

QUESTIONS TO CONSIDER( for patriots only)

· What are the colours of our flag?

· What is the significance of the colours of the flag?

· Mention and explain two important articles in the 1992 Constitution.

· What is the Constitution?

· Can the Constitution be changed?

· What do we call a change to the Constitution?

· How many changes or amendments are there to the Constitution?

· How many branches are there in our government?

· What are the three branches of our government?

· What is the legislative branch of our government?

· Who is the Chief Justice of the Supreme Court?

· Who said,

· ‘the independence of Ghana is meaningless unless it is linked with the total liberation of Africa’

· "Common territory, language and culture may in fact be present in a nation, but the existence of a nation does not necessarily imply the presence of all three. Common territory and language alone may form the basis of a nation. Similarly, common territory plus common culture may be the basis. In some cases, only one of the three applies. A state may exist on a multi-national basis. The community of economic life is the major feature within a nation, and it is the economy which holds together the people living in a territory. It is on this basis that the new Africans recognise themselves as potentially one nation, whose domination is the entire African continent."

· "In the very early days of the Christian era, long before England had assumed any importance, long even before her people had united into a nation, our ancestors had attained a great empire, which lasted until the eleventh century, when it fell before the attacks of the Moors of the North. At its height that empire stretched from Timbuktu to Bamako, and even as far as to the Atlantic. It is said that lawyers and scholars were much respected in that empire and that the inhabitants of Ghana wore garments of wool, cotton, silk and velvet. There was trade in copper, gold and textile fabrics, and jewels and weapons of gold and silver were carried."

· "We shall measure our progress by the improvement in the health of our people; by the number of children in school, and by the quality of their education; by the availability of water and electricity in our towns and villages, and by the happiness which our people take in being able to manage their own affairs. The welfare of our people is our chief pride, and it is by this that my Government will ask to be judged."

· ‘if you educate a man you educate a person, if you educate a woman, you educate a whole nation.’

· ‘We are not incapable of supporting our own’

· ‘Education, particularly higher education, will take Africa into the mainstream of globalization.’

· ‘Ours is not a poor country and even though we are now a poor people, there should be no room for the despondency that has settled on large sections of the population.’

· How many terms can the President serve?

· According to the Constitution, a person must meet certain requirements in order to be eligible to become President. Name one of these requirements.

· Who selects the Supreme Court justice?

· Who is the Commander in Chief of the Ghana military?

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Just scribbling; ICT and E-Commerce

Something chanced on.