Supreme Court

Suits Against Anti-LGBTQ Bill Dismissed By Supreme Court

Suits Against Anti-LGBTQ Bill Dismissed By Supreme Court

A seven-member panel of the Supreme Court, led by Justice Lovelace Avril Johnson, has unanimously dismissed a petition by journalist and lawyer Richard Dela Sky, challenging the constitutionality of the Human Sexual Rights and Family Values Bill. Sky sought to declare the bill null and void, but the court affirmed the constitutionality of the legislative process. The bill, which aims to criminalize LGBTQI advocacy, has sparked national debate, with supporters claiming it protects cultural values, while critics argue it violates fundamental human rights. The court ruled that the bill, not yet law, cannot be subject to judicial review until it…
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Respect Supreme Court Decision- Kufuor Tells Bagbin

Respect Supreme Court Decision- Kufuor Tells Bagbin

Former President John Agyekum Kufuor has called on Ghanaians to respect the decisions of the Supreme Court, emphasizing the importance of its interpretative powers as enshrined in the Constitution. Speaking to some journalists on Sunday November 17, John Kufuor cautioned against reckless criticism, instead advocating for constructive discourse to strengthen democracy. Mr Kufuor’s comments come on the heels of the Supreme Court’s ruling that annulled the Speaker’s declaration of four parliamentary seats as vacant. This decision sparked intense debate, with many questioning the Court’s authority. The Significance of the Supreme Court’s Interpretative Powers According to the former president, the Constitution…
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Just In: Supreme Court rules against Speaker Bagbin’s declaration of four seats vacant

Just In: Supreme Court rules against Speaker Bagbin’s declaration of four seats vacant

The Supreme Court has overruled Speaker Alban Bagbin's declaration of four parliamentary seats as vacant, ruling that the decision was unconstitutional. The Supreme Court's verdict follows a suit filed by Alexander Kwamina Afenyo-Markin, the leader of the New Patriotic Party caucus, challenging Speaker Bagbin's ruling. The court, led by Chief Justice Gertrude Torkornoo and comprising seven justices, ruled in favour of Afenyo-Markin, accepting all his arguments in a 5-2 majority decision. Per the Supreme Court's ruling, the New Patriotic Party (NPP) reclaimed its position as the Majority in Parliament. The controversy over the vacant seats began when Speaker Alban Bagbin, following a petition…
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Vacant Seats Hearing: Supreme Court Dismisses Request For Judge’s Recusal

Vacant Seats Hearing: Supreme Court Dismisses Request For Judge’s Recusal

The Supreme Court has dismissed an objection to the empaneling of Justice Ernest Gaewu in a case involving the Speaker of Parliament, Alban Bagbin. The dismissal was issued on Wednesday, October 30, following arguments presented by Thaddeus Sory, a lawyer for the Speaker, who contended that Justice Gaewu’s prior political ties posed a conflict of interest. Mr Sory’s argument hinged on Gaewu’s past role as a parliamentary candidate for the New Patriotic Party (NPP), the current ruling party in Ghana, suggesting that his previous affiliations might influence his decisions on the case at hand. Lawyers representing Speaker Bagbin have asked Justice…
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“Alban Bagbin Has Exposed Himself to Public Ridicule and Contempt” – Obiri Boahen

“Alban Bagbin Has Exposed Himself to Public Ridicule and Contempt” – Obiri Boahen

Private legal practitioner Nana Obiri Boahen has harshly criticized Parliament's Speaker, Alban Bagbin, for declaring four seats vacant, claiming it reveals his partisan stance and urges vigilance among NPP members. Speaking in an interview, Lawyer Nana Obiri Boahen expressed his disappointment, saying, "Alban Bagbin has subjected himself to public ridicule and contempt. I consider him a close friend, yet I find his ruling both faulty and fraudulent." He noted that the issue arose from a petition by former Minority Leader Haruna Iddrisu, who sought to remove the MPs for their alleged loyalty to outside entities. Lawyer Nana Obiri Boahen highlighted…
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Breaking News: Bagbin’s ruling declaring 4 seats vacant overturned by Supreme Court

Breaking News: Bagbin’s ruling declaring 4 seats vacant overturned by Supreme Court

The Supreme Court has halted the Speaker of Parliament’s decision which declared the seats of four Members of Parliament vacant on Thursday evening. In a ruling Friday afternoon (Oct 18), a five-member panel of the court presided over by Chief Justice Gertrude Sackey Torkornoo, held that declaring the seats vacant goes against the rights of their constituents. By the decision, the seats of the four Members of Parliament have been reinstated. The court has also ordered Parliament to file its statement of case and memorandum of issues within seven days. It followed an ex parte application filed by members of…
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Law Against Anal Sex Constitutional – Supreme Court Declares

Law Against Anal Sex Constitutional – Supreme Court Declares

The Supreme Court has declared as constitutional the law which prohibits unnatural carnal knowledge such as anal sex. In a unanimous decision Wednesday [July 24, 2024], a seven-member panel of the court dismissed a writ challenging the constitutionality of  Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29). The court, presided over by Justice Paul Baffoe-Bonnie, did not read the full reasoning of the court, which it said would be deposited at the court’s registry. The writ was filed by Dr Prince Obiri-Korang, a lecturer at the University of Ghana Law School. Section 104 (1) (b) of…
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Supreme Court Throws Out Suit Callenging FDA Guideline On Using Celebrities For Advertising Alcoholic Products

Supreme Court Throws Out Suit Callenging FDA Guideline On Using Celebrities For Advertising Alcoholic Products

The Supreme Court on Wednesday threw out a suit, which sought to challenge the Food and Drugs Authority (FDA) guideline on using celebrities for advertising alcoholic products. Graphic Online's Justice Agbenorsi reports from the court that the Supreme Court by a 5-2 majority decision thrown out a suit challenging a guideline by the Food and Drugs Authority (FDA) which prohibits celebrities and well-known personalities from being used for advertising alcoholic products. In a ruling Wednesday, a seven member panel of the apex court, Justice Gertrude Torkonoo, held that the FDA guideline is not  unreasonable neither does it contradict Article 17…
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Supreme Court To Deliver Judgment On FDA’s Ban On Celebrity Alcohol Endorsement Today

Supreme Court To Deliver Judgment On FDA’s Ban On Celebrity Alcohol Endorsement Today

The Supreme Court is expected to deliver its judgment in the case requesting the cancellation of the Food and Drugs Authority (FDA)’s directive against alcoholic advertisements by celebrities today, June 19. This is after a seven-member panel of the Supreme Court chaired by Chief Justice Gertrude Torkornoo deferred judgment on the matter for the second time. The Food and Drugs Authority (FDA) in 2015 effected a directive meant to regulate the use of alcohol among Ghanaians. However, aspects of their guidelines prevent celebrities from advertising for alcoholic beverages. The Authority had explained that due to the influential nature of these…
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Law That Bars Persons Charged With Criminal Offence From Serving As Directors Of Companies Unconstitutional- Supreme Court

Law That Bars Persons Charged With Criminal Offence From Serving As Directors Of Companies Unconstitutional- Supreme Court

The Supreme Court has declared as unconstitutional a provision in the new Company’s Act which bars a person charged with a criminal offence from becoming a Director of a proposed company about to be incorporated. In a decision on Wednesday, the apex court held that the first parts of Sections 13 (2) (h)(i) and (ii) of the Company Act , 2019 (Act 992) which dealt with a person being charged with a criminal offence were inconsistent with Article 19(2)(c) of the 1992 Constitution which protects the right of a person accused of a crime to be presumed innocent until proven guilty. In…
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