Seth Ansong

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A Barrister and Solicitor of the Supreme Court of Ghana, who is passionate about expanding the frontiers of fair trials in Ghana’s Criminal Justice system
Phone: +233-0277096322

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Anotida Chikumbu

University of Massachusetts Amherst

Tapan Gain

Bangladesh University of Business and Technology (BUBT)

Ani Chinyere

Nigerian Institute of Advanced Legal Studies, Lagos

Ian Freckelton AO KC

University of Melbourne

Soma Paul

Radhika Popat

Muhammad Syahmi Mohd Karim

Durham University

Noel Cox

Olivier Olivier

University of Mauritius

Idowu A Akinloye

Rhodes University

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WHETHER OR NOT A CHARGE OF PROFESSIONAL MISCONDUCT MAY COUNT AS A CRIMINAL CHARGE TO ATTRACT THE GUARANTEES ACCORDED TO AN ACCUSED IN A CRIMINAL TRIAL. A REVIEW OF THE COURT’S DECISION IN THE CASE OF THE REPUBLIC V. GENERAL LEGAL COUNCIL; EX PARTE FRANCIS XAVIER SOSU (SUIT NO. HR/00098/2017).

The question whether a "charge" of a disciplinary character may nonetheless count as "criminal" t... more The question whether a "charge" of a disciplinary character may nonetheless count as "criminal" to attract the guarantees accorded to an accused under a criminal trial has received considerable pronouncement by the Courts. In this respect, the Court established jurisprudence sets out a three main criteria which has become known as the “The Engel Criteria” for assessing the applicability of the criminal aspects to disciplinary proceedings. This paper discusses the Court established jurisprudence in determining whether or not a disciplinary proceeding of a Disciplinary Committee is in the nature of a criminal proceeding so as to attract the guarantees accorded to an accused in a criminal trial, some differences between disciplinary proceedings of professional regulatory bodies and criminal trials and also provides a review of the Ghanaian High Court’s decision in the case of the REPUBLIC v. GENERAL LEGAL COUNCIL; EX PARTE FRANCIS XAVIER SOSU having regard to the said Court established jurisprudence.

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THE CALL FOR THE EXHAUSTION OF LOCAL REMEDIES FOR THE RESOLUTION OF DISPUTES ARISING FROM THE EXTRACTION AND UTILIZATION OF A COUNTRY'S NATURAL RESOURCES

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THE ENFORCEMENT OF THE ACCUSED'S RIGHT TO FAIR TRIAL: THE CASE OF REMAND PRISONERS UNDER THE CRIMINAL JUSTICE SYSTEM OF GHANA

The right to fair trial is a fundamental right that is protected by law against limitation or der... more The right to fair trial is a fundamental right that is protected by law against limitation or derogation. Since criminal proceedings are likely to lead to imprisonment, the trial process must be fair and just to ensure that only the guilty are convicted and punished. One of the key safeguards on the right to a fair trial is the requirement that trials are conducted without unreasonable delays. Although the phrase trial within reasonable time has not been defined under Ghanaian law (statutes and case law), there are a judicial precedents in other jurisdictions that provide guidelines as to what amounts to the Constitutional right to fair trial within reasonable time. This study based was based on a desk research and was aimed at providing an understanding of the meaning of the right to fair trial within reasonable time by interrogating judicial interpretation of the right, effect of delay on a case and the remedies of such delays. The study found that there is no international standard for measuring reasonable time. The reasonability of delay will depend on a case-by-case basis taking into consideration various factors such as the complexity of the case, length of the delay, the reasons for the delay, failure to assert the right to trial within a reasonable time and prejudice to the accused person. Case law showed that a violation of the Constitutional right to fair trail within reasonable time attracts a remedy. The remedy for violation of the right to fair trial within reasonable time varies from jurisdiction to jurisdiction. The courts would consider whether delay would be prejudicial to the accused. The remedy of stay of proceedings or acquittal can only be considered by court where it is determined that the breach is so severe that a fair trial cannot be held. Some recommendations were made to ensure that justice is administered without unreasonable delay in conformity with Article 19 (1) of the Constitution of Ghana 1992. Acknowledgement

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THE CALL FOR THE EXHAUSTION OF LOCAL REMEDIES FOR THE RESOLUTION OF DISPUTES ARISING FROM THE EXTRACTION AND UTILIZATION OF A COUNTRY'S NATURAL RESOURCES

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THE ENFORCEMENT OF THE ACCUSED'S RIGHT TO FAIR TRIAL: THE CASE OF REMAND PRISONERS UNDER THE CRIMINAL JUSTICE SYSTEM OF GHANA

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Seth Ansong

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