The University of Ghana School of Law has published a scholarly volume on developments in Ghana Law since independence in a book titled, “Mobilising the Law for Ghana’s Future: Appraising to Revolutionise”. The project was birthed from the 60th Independence Anniversary celebration of Ghana in 2017, which provided an apt opportunity for reflection and the making of proposals for legal reforms for the overall progress of the country.
The 661-page book is in eight (8) parts and ignites the reader’s interests in Criminal Law Jurisprudence, Constitutional Law, International Law, Commercial Law, Law of Contract, Corporate Law, Taxation, Intellectual Property and Civil Law.
The first part speaks to the “Deficiencies in our Criminal Law Jurisprudence”; the second deals with the “Developments in Constitutional Law and Practice in Ghana; the third examines the “Pedigree of Ghana’s Commercial Law and a Forecast of its Future”; the fourth assesses the “Role of Law in Facilitating Business in Ghana”; the fifth covers the “Evolution of the Family and the Dynamics of Property Distribution in Ghana; the sixth focuses on “Geography of Law in Ghana”; the seventh highlights “An Appreciation of the History and Evolution of Intellectual Property Law in Ghana and the last part focuses on “Rethinking the Rudiments of Law Practice in Ghana”.
Foreword by Prof. Kofi Quashigah (Immediate Past Dean of the School of Law)
“This collection of chapters represents a sterling effort to review the law in various important sectors of the legal life of Ghana and make informed recommendations on possible developments, in light of current socioeconomic advancements. This publication represents the legal community’s exercise in introspection on the growth or otherwise of various aspects of our laws since independence. This exercise enables us ask and answer certain questions, such as: what were our aspirations at independence and how far have we come in achieving those objectives? Additionally, what successes have we achieved in our efforts at building a legally empowered and socially accountable society, and what can we do to correct existing legal lapses? While we reflect on these questions, we must, even more importantly, think deeply and carefully about the role that law played in the attainment of national goals and furthermore, the role it should play in the realization of current aspirations. We must pay particular attention to legal reforms and ensure that the options we choose do not unfairly affect the poor, the disadvantaged and the marginalized, and do not reinforce the deficiencies inherent in our current legal system.
The varied nature of the subject matters discussed illustrates the diversity of interests in the legal community. The importance of the independence of the judiciary in the interpretation of law is discussed; there is a reflection on the evolution of contract law in Ghana since independence and the impact of legal developments on Ghanaian life; developments in company law and practice, and how our courts have interpreted aspects of commercial law are examined; current issues in the area of taxation are discussed; the history of the regulation of legal practice and the need for the reform of civil litigation are considered; aspects of criminal law and criminal procedure that need reform are considered; and the vexed issue of negotiation of international business transactions is revisited. This publication is indeed a collection that takes us back thoughtfully into the past and proposes reforms for the future, all for the more efficient functioning of the legal system of Ghana.
Equally commendable is the selection of contributors from all generations of legal scholars, sharing their considered opinions on developments in the laws of Ghana. The degree of scholarship shown in this publication is deep and speaks of the level of legal expertise that this country can boast of.
Research is fundamental to the development and reform of law. The laws of a nation grow not only through the interpretative function of the courts, but also through the analytical discourses of legal writers as are contained in this publication. We must therefore commend the foresight, dedication and energy marshaled by the editors and the contributors in the production of their various chapters.
To a larger extent the publication is particularly a record of the history of the evolution of some aspects of the laws of Ghana, and generally, of the legal system of Ghana. It is a record that must be treasured as a bequest to posterity.
The legal community is richer by virtue of this well thought out and exquisitely executed publication and I believe that all segments of the legal profession and the legal academic community will find it extremely useful”.
List of Contributors
- Regulating Sexual Self-Expression Through Criminal Legislation: The Case For Reform by Henrietta J.A.N. Mensa-Bonsu.
- Criminal Procedure In Ghana: Historical Evolution And Current Developments by Abdul Baasit Aziz Bamba.
- Negotiating International Business Transactions by SKB Asante.
- Judicial Independence and The Authority of Law In Ghana by Atudiwe P. Atupare.
- Reflections on The Evolution of Contract Law In Ghana Since Independence by S. K. Date-Bah.
- Mobilising The Law of Contract For Ghana’s Future by Christine Dowuona-Hammond & Ama Hammond.
- 60 Years of Banking In Ghana: Landmarks Of The Past And Lessons For The Future by Godwin Djokoto.
- Ratification of Pre-Incorporation Contracts by Ace Anan Ankomah.
- Corporate Finance In Ghana: Has The Law Enabled Business? By Kenneth N.O. Ghartey.
- Is It Time For Change? — An Overview of Ghana’s Legal Regime On The Taxation of Independent Personal Services And Its Effect On Tax Revenue Generation by Delali A. Gawu.
- The Evolution of The Ghanaian Concept of The Family From Its Traditional Origins To The Present Time by Ekow Daniels.
- Equality Is Equity…Or Is It? A Critical Examination of The ‘Equality Principle’ In The Distribution Of Marital Property by Maame Yaa A. Barnes.
- The Spatial Turn In Law And A Jurisprudence Of Geography Of Law In Ghana: An Exploration by Benjamin Kunbuor.
- 139 Years History of Patent Law In Ghana: Progress From 1879 – 2018 by Samuel Manteaw.
- From Ancient Traditional Remedies To Contemporary Herbal Medical Practice: An Analysis Of The Intellectual Property Regime For Traditional Medical Knowledge In Ghana by Nnenna Ajufo.
- Shaping the Future of Civil Litigation In Ghana by Raymond A. Atuguba & Agyenim Agyei-Boateng.
- The Regulation of Law Practice In Ghana, 1853-2018 by Kojo Bentsi-Enchill.
The book was edited by Mrs. Christine Dowuona-Hammond, Dr. Ama F. Hammond and Prof. Raymond A. Atuguba, all of the University of Ghana School of Law.