LEGAL SYSTEM

GHANA
Fundamental Law : 1992 Constitution of the
Republic of Ghana.
Article 1 (2) of the 1992 Constitution:

“ This constitution shall be the supreme law of

Ghana and any other law found to be
inconsistent with any provision of this Constitution
shall, to the extent of the inconsistency, be void”

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 LEGAL SYSTEM
Sources of Law In Ghana

Generally the sources of law of any country refers

to the Legal regimen of a Country consisting of
a written or unwritten Constitution,
Primary legislation (statutes) enacted by the
Legislature/Parliament
Subsidiary legislation (bylaws) made by persons or
bodies authorised by the primary legislation to do so
Customs applied by the courts on the basis of
traditional practices , and principles or practices of
civil, common, roman or other code of law

Ghana’s legal system is based on English

common law and customary law
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 LEGAL SYSTEM
SOURCES OF LAWS IN GHANA:

Article 11 (1) of the 1992 Constitution stipulates the

laws of Ghana as follows;

a) This Constitution
b) Enactments made under the authority of the
Parliament established by this constitution;
c) Any Orders, rules and regulations made by any
person or authority under a power conferred by
this Constitution;
d) The existing law; and
e) The common law

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 The Constitution

The 1992 Constitution is the Supreme Law of

Ghana and any law found to be inconsistent
with any provision of the Constitution shall to
the extent of the inconsistency be void (Article
1(2) of the 1992 Constitution).

A Constitution is therefore an embodiment of

fundamental rules and principles of a country
and all acts of the government and the
governed shall be in accordance with the rules
and principles enshrined therein.
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Parliamentary Enactments
The laws of Ghana also includes an Enactment
made by or under the authority of a Parliament
established by this Constitution.

The 1992 constitution under Article 93

provided for the establishment of a parliament
for Ghana, which shall consist of not less than
140 elected members and in whom the
legislative power of Ghana is vested.

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Enactments
Parliament is therefore the arm of
government empowered by the Constitution
to enact laws or under whose authority laws
are enacted.

All laws or legislative instruments enacted by

Parliament or under its authority constitutes
one of the basic sources of law in Ghana.
Parliamentary enactments are often passed
under the power of Parliament through the
passing of bills and assented to by the
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Orders, Rules and Regulations
Any orders, rules and regulations made by any
person or authority under a power conferred by
the Constitution or any other law, forms part of
the laws of Ghana.

The constitution or a law may authorize any

person or authority to make orders, rules or
regulations to regulate that person or authority
or some other activity. Such orders, rules or
regulations may contain principles and rules
governing the conduct of persons or an entity.
Orders, Rules and Regulations
Example:

The 1992 Constitution under article 157 establishes

 Rules of Court Committee and empowers it to, by
Constitutional Instrument, make rules and regulations
for regulating the practice and procedure of all courts
in Ghana.

 The Constitution under article 167 (d) also empowers

the National Media Commission to make regulations
by Constitutional Instrument for the registration of
newspapers and other publications.
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Orders, Rules and Regulations
Any such Order, Rule or Regulations must be laid
before Parliament;
Published in the Gazette on the day it is laid
before Parliament ; and
Shall come into force at the expiration of 21
sitting days after being laid before Parliament;
Unless Parliament before the expiration of the 21
sitting days annuls it by not less than 2/3rd votes
of all members of Parliament.
Common Law
The common law of Ghana consists of;
 the rules of law generally known as the
common
law;
 the rules generally known as the
doctrines of
equity;
 the rules of customary law including
those determined by the Superior Court of
Judicature.
Article 11 (2)
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A. Common Law
Common law refers to juridical principles
and general rules that historically evolved
over a period of time in England.

They were rules and principles regulating

property and conduct of individuals and
were not set down in writing like Acts of
Parliament, but they had a binding power
and the force of law by long usage and by
their universal reception throughout
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Common Law
It was developed by judges through
decisions of courts and similar tribunals,
rather than through legislative statutes or
executive branch action.

It operates on the principle of precedent

and postulates that it is unfair to treat
similar facts differently on different
occasions.
 B. Doctrine of Equity
Equity is the name given to the set of legal
principles, in jurisdictions following the English
common law tradition, which supplement strict law
where their application would operate harshly.

Equity in a wide sense means that which is fair and

just, moral and ethical. Legally equity refers to that
branch of the law which was applied and administered
by the court of chancery. It is a body of rules which
evolved to mitigate the severity of the rules of
common law.

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Equity
It originated from the exercise by the chancellor of the
residual discretionary power of the King to do justice
among his subjects in circumstances in which for some
reason justice could not be obtained in a common law
court.

The principles of equity that evolved over time were

usually based on principles of justice and conscience.

The Chancellor in those times was the most important

person next to the king of England and could be
described in modern times as the King’s Prime Minister
or King’s Secretary of State.
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Rules of Equity
To the legal person, it is said that equity is commonly used
to “mitigate the rigors of common law, allowing the
courts to use their discretion and apply justice in
accordance with natural law.
Example: At common law where C conveyed a land to A
to hold for the use of B, the common law did not
recognize any relationship between A and B and therefore
in the event of any breach B had no remedy against A.

The chancellor however interfered to compel A to hold

the land for the exclusive use and benefit of B. A could
only hold the legal title but the benefit of the land
accrued to B.
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Examples of Equitable Doctrines

 He who comes to equity must come with clean

hands.
 Estoppel: A person who makes an unambiguous
representation by words or conduct or by silence,
of an existing fact and causes another to act to his
detriment in reliance on the representation, will not
be permitted subsequently to act inconsistently
with that representation or subsequently allege the
facts were different from those represented.
Equity looks on as done that which ought to be
done.

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C. Customary Law
Customary law refers to rules of law which by
custom are applicable to particular
communities (Article 11(3).

Eg. Ga’s do not go to sea on Tuesdays etc.

These laws may also include those

determined by the Superior Courts as being
the custom of a particular community.

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 The Existing Law
Article 11 (4): The existing law shall, except as otherwise
provided in clause (1) of this article, comprise;

 The existing law refers to all laws in Ghana whether

written or unwritten which existed immediately before the
coming into force of the Constitution, i.e. 7th January 1993.

Any Act, Decree, Law or Statutory Instrument issued or

made before that date but to come into force after that
date.

 These existing laws shall however be construed in accordance with the

constitution, taking into consideration, any modifications or exceptions so as to
bring it into conformity with the Constitution.

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 Act, Decree, Law, Statutory Instrument
ACT:
This is the name given to laws made or passed by Parliament. E.g: Contracts
Act 1960, (Act 25)
DECREE:
This refers to the law enacted by military regimes. Eg: Limitation Decree, 1972
(NRCD 74).
LAW:
This may also be used for military era laws particularly the PNDC regime. E.g:
Interstate Succession Law, 1985 (PNDC Law 111)
STATUTORY INSTRUMENT:
 A Statutory Instrument (SI) is the principal form in which delegated or
secondary legislation is made.
 A regulation, order, commission or other instrument authorized by an
Act of Parliament is referred to as an SI.
 So also are Regulations or Orders made by a Minister under powers
delegated under an Act.
 Finally a document issued by the delegated authority e.g. AMA is also
referred to as SI
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 Citation of Laws and Case Law

 Afari v. Commissioner of Police (1963) 1 GLR 381

 R. Sarpong (1959) GLR 383
 Comfort and Anor. v Rep (1974) 2 GLR
 Mensah v. Blow [1967] G.L.R. 424
 Amatei v. Hammond And Another [1981] GLR 300
 Lee Cooper Ltd V. Jeakins (C.H.) & Sons Ltd [1967] 2 Q.B. 1, 8
 Bell v Lever Brothers Ltd [1932] AC 161, House of Lords
 Phillip v Brooks [1919] 2 KB 243 Ingram v Little [1961] 1 QB 31
 Kwarteng II v Klu (1993-94) 1GLR 280
 Banking Act, 2004 (ACT 673)
 Civil Liability Act, 1963 (ACT 176)
 Atomic Energy Commission Act, 2000 (Act 588)
 Cotton Development Board Decree, 1969 (NLCD 353)
 Custom House Agents (Licensing) Decree, 1978 (SMCD 188)
 Economic Plants Protection Decree, 1979 (AFRCD 47)
 Intestate Succession Law, 1985 (P.N.D.C. Law 111)
 Securities and Exchange Commission Regulations, 2003 (L.I.1728)
 Securities Industry Law, 1993 (PNDCL 333)
 Companies Code, 1963 (Act 179)
 Foreign Exchange Act, 2006 (Act 723)
 Petroleum, Exploration and Production Law, 1984 (PNDC Law 84)
 Limitation Decree,1972 (N.R.C.D. 74)
 LEGAL SYSTEM

Sample Questions

 What constitutes a country’s legal system.

 How would you describe Ghana's legal system?
 What is Common Law?
 What is referred to as the Doctrine of Equity?
 What are LI’s?
 What is an Act?
 What is wrong with the following?

 234 Stevens -Biller Division of 25 Ch

 [1982 -83] Mensu Against Abboye and Another 1313 GLR
 Securities 2003 and Exchange (L.I. 1728) Commission Regulations
 Bills of Exchange (Act 55) 1961
 (Act 726 Credit Reporting Act, 2007)
 Nyaasemhwe v. Afibiyesan [1977] 1 G.L.R. 27

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Regulatory Agencies & Institutions
EPA
Standard Board Authority
Food & Drugs Board
Bank of Ghana
SEC
GSE
Economic and Organised Crime Office

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Regulatory Agencies & Institutions
Powers
Functions
Licensing Requirements
Disclosure of information
Acceptable Practices
Capital Requirements
Maintenance of Professional Standards
Submission of Statutory Reports
Compliance with relevant legislation,
regulations, rules and policies

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