UNIVERSITY OF GHANA

(All rights reserved)

SCHOOL OF LAW
FIRST SEMESTER
2022/2023 ACADEMIC
YEAR
COURSE SYLLABUS

FLAW 261: GHANA LEGAL SYSTEM

3 Credits

Lecture Period(s) and Venue: Friday 5.30-8.30 pm; Lecture room 2

Course Instructor(s)
• Dr Ama Hammond – Course Coordinator
• Second Floor - UGSoL
• [email protected];
[email protected]

• Prof Raymond Akongburo Atuguba

• Second Floor - UGSoL
• [email protected]

• Dr Prince Obiri-Korang
• Second Floor - UGSoL
• [email protected]

• Ms. Zeinab Ayariga

• Second Floor - UGSoL
• [email protected]

• Ms Rachel Haizel
• Second Floor
• [email protected]

• Dr Poku Adusei
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 • Second Floor – UGSoL
• [email protected]

Introduction/Subject or Course Overview

This course is a mandatory foundation course that introduces students to nature,
functions, theories and institutions of law. The course is designed to introduce law
students to the history and institutions of the Ghana Legal System. In this regard, the
course examines the structure and role of basic institutions and processes of the Ghana
Legal System. The course introduces students to other legal traditions and discusses
the connections of the modern Ghana Legal System to the development of these legal
traditions.

Course Objective/Goals:
The course will:
1. Introduce students to basic terminology in law.
2. Discuss the nature and history of law by highlighting how that history has
influenced the form and content of current rules and procedures in the Ghana
legal system and other legal systems around the world.
3. Provide an analytical survey of the Ghana Legal System by exploring the
foundations of the laws of Ghana, their nature, history and theoretical
underpinnings.
4. Introduce students to a variety of statutory, constitutional and common law
legal issues with a view to deepening understanding of the uniqueness of the
Ghana Legal System.
5. Equip students to conduct basic legal research using primary and secondary
sources.

Learning Outcomes
On completion of the course, students should be able to:
1. Demonstrate understanding and application of basic legal terminology
2. Develop learning skills and techniques to organise their studies efficiently;
3. Use integrated reading and writing strategies to facilitate learning.
4. Evaluate the nature and history of law and how it affects the structure and
content of legal rules and the character of legal institutions.
5. Demonstrate an understanding of the structure and operation of the central
institutions and processes of the Ghana legal system.
6. Explain the history and sources of law of the Ghana Legal System and the
influence of colonialism on the current form of the Ghana Legal System.
7. Explain the relevance of alternative dispute resolution mechanisms as they
operate in Ghana.

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Course Delivery (optional): This course is a combination of lectures, class
discussions, tutorials and presentations.

Plagiarism policy
Plagiarism in any form is unacceptable and shall be treated as a serious offence.
Appropriate sanctions, as stipulated in the Plagiarism Policy, will be applied when
students are found to have violated the Plagiarism policy. The policy is available
at http://www.ug.edu.gh/aqau/policies--‐guidelines. All students are expected to
familiarize themselves with the contents of the Policy.

Assessment and Grading

Mid--‐Semester Exam 50%

Final Exam 50%

Grading Scale:
Refer to Undergraduate Handbook.

General Reading List /Required Text

1. Simpson, A.W.B. (1988). Invitation to Law. Oxford: Blackwell.
2. David, R., and Brierly, J. E. C. (2000). Major Legal Systems in the World Today:
An introduction to the comparative study of law. Delran, N. J: Legal Classics
Library.
3. Atuguba, R. and Tsikata, F. S. (1998). Materials for Ghana Legal System. (Volume
1, 138-308).
4. Bennion, F. A. R. (1962). The Constitutional Law of Ghana. Butterworth’s African
Law Series, No.5.
5. Williams, G. L., and Smith, A. T. H. (2016, 16th Edition). Learning the law. Sweet
& Maxwell.
6. Essien, V. (2004) Sources of Law in Ghana. Journal of Black Studies, Volume 243,
No.3, 246-262.
7. Quansah, E. K. (2011). The Ghana Legal System. Black Mask Limited.

COURSE DELIVERY SCHEDULE

SEMESTER 1
TOPICS READINGS

Lecture 1 Legal Traditions of the World References

This lecture will discuss the main types of

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 legal systems in the world [common law • Quansah, E. K. (2011). The Ghana
and civil law], tracing their historical Legal System. Black Mask
developments and analyzing the features
Limited, Chs. 1,3,7,7,10.
of each. The differences which lie between
each will also be discussed. The lecture • Simpson, A.W.B. (1988). Invitation
will place national laws in the broader to Law. Oxford: Blackwell.
context of major legal traditions. • Zweigert, K., Kotz, H., and Weir, T.
Particular attention will be paid to (2011). Introduction to Comparative
Ghana’s legal system; its pluralistic law. New York: Oxford University
nature, as well as its key features, will be Press, 74-130, 180-237.
discussed. We will identify the major
• Merryman, J. H., and Perez-
players in Ghana’s legal system and
discuss the role of each player. Perdomo, R. (2020, 4th Edition). The
Civil Law Tradition: An Introduction
to the Legal Systems of Europe and
Latin America., Chs. 1 & 2.
• David, R., and Brierly, J. E. C.
(2000). Major Legal Systems in the
World Today: An introduction to the
comparative study of law. Delran,
N. J: Legal Classics Library, pgs 9-
20, 307-352.
• Milsom, S. F. C. (1981).
Historical foundations of the
common law. Butterworths. Chs.
1-4.
• Rivlin, G. (2015). First Steps in
Law. Oxford University Press,
pgs.13-42.
• Derrett, J. D. M. (1999). An
Introduction to legal systems.
Universal Law Pub. Co. under
special arrangement with Sweet
& Maxwell.

Lecture 2 Classification Or Divisions Of The References

Branches Of The Law • Williams, G. L., & Smith, A. T. H.
(2016, 16th Edition). Learning the
In this lecture, the nature, purposes and
functions of law will be discussed. We law. Sweet & Maxwell.
will also examine the various ways in • Simpson, A. W. B. (2015).
which law may be classified [public and Invitation to law. Blackwell
private, civil and criminal, common law Publishing.
and equity. Etc]. We will discuss the • Farrar, J. H., & Dugdale, A. M.
importance of the classifications or (1990). Introduction to legal
categorizations of substantive law to the
method. Sweet & Maxwell.
student’s understanding of law.
• Mensa-Brown, K. (1976).

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 Introduction to Law in
Contemporary Africa.
• Amissah, A. (1982). Criminal
procedure in Ghana. Sedco, pp.
274, Chapter 9 on “Punishment”.
• Allott, A. N. (1970). New essays
in African law. Butterworths,
page 117.

Statutes
• Constitution of the 4th Republic
of Ghana (1992).
• Courts Act of 1993 (Act 459 as
amended).
• High Court (Civil Procedure)
Rules, 2004 (C.I. 47) and Other
Rules of Procedure for our
superior courts
• Limitation Act, 1972 (NRCD 54).
Lecture 3 Introduction of British Jurisdiction References
into The Gold Coast • Atuguba, A. R. and Tsikata, F. S.
This lecture focuses on the ways in (1998). Materials for Ghana Legal
which the British took legal control over System
Gold Coast. We will look at the British • Atuguba, A. R., (2007). Ghana @
inroads into pre-existing legal 50: Colonised and Happy. Faculty
institutional firms. We will also analyse of Law, University of Ghana,
cases and statutes that sought to resolve Legon, pp. 571-588.
issues arising from the strange manner
Case Law
British jurisdiction was imposed on the
Gold Coast. We will assess the • Appiah v. Inkyi (1907) Ren 455.
implications of the introduction of • Gohoho v. Guinea Press Ltd
British jurisdiction into the Gold Coast, [1963] 1 QB 948
and finally, we shall draw lessons from • Sobhuza II v. Miller [1926] A.C.
the historical events that bear on the law 518
and legal institutions in Ghana. • R. v. Kojo Ayesu 2 G. &G. (part 1)
p 33
• R. v. Kojo Thompson 10 W.A.C.A.
201 esp. 205-212
Lecture 4 History of the Court System In References
& Lecture Ghana & Jurisdiction And Powers Of Books & Articles
6 Court And Quasi-Judicial Bodies • Atuguba, R. and Tsikata, F. S.,
(1998), Materials for Ghana Legal
For this lecture, we shall trace the System, (FLAW 201, Volume 1)
history of Ghana’s court system from the • Quansah, E. K., (2011) The
pre-independence era through to the Ghana Legal System, (Black Mask
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 independence era and then finally to the Limited), Chapter 2
period after independence. A number of • Tetteh, S. K., (2011), Civil
key ordinances and statutes will be Procedure: A Practical Approach,
looked at and the impact they had on the Chapter 1
development of the court system in • Brobbey, S. A., (2011), Practice
Ghana will be assessed. Other
and Procedure in the Trial Courts
discussions in this lecture will touch on
and Tribunals of Ghana,
the jurisdiction of the various courts in
Ghana, the impact of colonial rule on (Advanced Legal Publications),
our court system and changes that have Chapter 1
been made to our court system since the • Awoonor, K. N., (1990), Ghana- A
inception of the 4th Republic. Political History from Pre-
European to Modern Times (Sedco
Publishing Ltd), page 69
Statutes
• Constitution of Ghana, 1992,
Articles 33, 126-143
• Constitution of Ghana, 1979,
Article 114
• Constitution of Ghana, 1969,
Articles 37, 69(2), 102(4), 154-
155
• Constitution of Ghana, 1960,
Article 4
• English Judicature Acts of 1873-
1875
• Courts Act, 1993(Act 459) as
amended, Ss 10-11, 14-27, 39,
46-53
• High Court (Civil Procedure)
Rules, 2004 (C.I 47) as amended
by CI 87,101 and 102
Case Law
• Tsatsu Tsikata (No.01) v Attorney
General (No.1) [2001-2002]
SCGLR 189.
• Attorney-General’s Department v
Sweater and Socks Factory
Limited (J1/12/2003) [2014]
GHASC 119 (29 January 2014)
Lecture 5 Sources of Law References
• Woodman, G. R. (2011). Multiple
The major discussion here will be the Sources of Law: a Threat to
sources of law as spelt out in the
Constitutional
Constitution. We will do a classification
Governance? Processes of Legal
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 of Ghana’s laws into primary and Integration in the East African
secondary sources. We shall discuss Community, 9-23.
each source of law in the light of case law • Victor, E. (1994). Sources of Law
and statutes. We will also look at how in Ghana, Journal of Black
laws are made in Ghana and the role of Studies, 24, 3, 246-262.
Parliament in the making of these laws.
Statutes
• 1992 Constitution of Ghana
• Interpretation Act, 2009 (Act
792), ss. 1.
• Courts Act, 1993 (Act 459), ss.
54, 55, 119, and second
schedule.
• Chieftaincy Act, 2008 (Act 759),
ss. 49 to 56.
Case Law
•New Patriotic Party v. Attorney-
General (31st December Case)
[1993-1994] GLR 35-192, at 105-
106 per Abban JSC.
• Matekole v. Electoral Commission
and Attorney General [20121]
SCGLR 244
• Ibrahim v. Amalbini [l978] 1 GLR
368.
• Agbosu v Kotey [2003-2005] 1
GLR 685
• Martin Kpebu v. The Attorney-
General Writ No. Jl/13/2015.
Decision of the Supreme Court
granted May 5th 2016.
Lecture 7 Alternative Procedures for The References
Settlement of Disputes • Fiadjoe, A. (2004). Alternative
Dispute Resolution: A Developing
In this lecture, we will discuss the
World Perspective. Cavendish
concept of Alternative Dispute
Publishing Limited
Resolution (ADR), its features, as well as
its merits and demerits. We will identify • Fisher, R., Ury, W. (2011, 3rd
the various ADR mechanisms Revised Edition). Getting to Yes:
[negotiation, mediation, arbitration, etc]. Negotiating Agreement without
For each mechanism, we will consider Giving In. Houghton Mifflin
its features, advantages and • Sourdin, T. (2016, 6th Edition).
disadvantages. We shall do a brief
Alternative Dispute Resolution.
analysis of the ADR Act of Ghana and,
Thomson Reuters Sydney
finally, assess the role of court-
connected ADR in ensuring effective Legislation And Conventions

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 justice delivery in Ghana. • Alternative Dispute Resolution
(ADR) Act, 2010 (Act 798)
• High Court Civil Procedure Rules
(C.I. 47)
• Courts Act, 1993 (Act 459) as
amended, sections 72 and 73
• New York Convention, (NYC 1958)
Case Law
• Kwasi v Larbi [1956] 13 WACA
• Martin Alamisi Amidu v Attorney
General, Waterville Holdings (BVI)
& Agbesi Woyome (Suit No. JI/
15/ 2012 dated 14th June, 2013).
• Heyman v. Darwins Ltd. [1942]
A.C.356.
• Prima Paint Corp; Inc. v. Flood &
Conklin Manufacturing Co. Ltd
388 U.S. 395 (1967) 402.Republic
v. High Court, Tema, Exparte My
Shipping Pvt Limited And
Deejones Petroleum & Gas LTD
&ORS, [2011] SCGLR
• Attorney General v. Faroe Atlantic
Co. Ltd [ 2005-6] SCGLR 271.

Lectures 8 The Role of Law in Society and Legal References

&9 Education in Ghana: History, • Kojo Bentsi-Enchill, “The
Institutional Structure, Role and Regulation of Law Practice 1853-
Function.
2018” In: Dowuona-Hammond,
These lectures critically analyse the role
Christine; Hammond, Ama; and
of law and the legal profession in our
social, political and economic existence Atuguba, Raymond A., (eds).
in Ghana. It also assesses the history of “Mobilising the Law for Ghana’s
legal education, its institutional Future: Appraising to
structures and functions with a view to Revolutionise”. School of Law,
understanding law in its social, University of Ghana.
economic, political and contexts. • Raymond Atuguba, “Legal
Education in Ghana: Is the Time
Apt for A Reform?”. A Lecture
Delivered at the Official Launch of
The Students’ Representative
Council Week of Mountcrest
University College

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 • John Harrington & Ambreena
Manji, “‘Africa Needs Many
Lawyers Trained for the Need of
their Peoples’ Struggles over Legal
Education in Kwame Nkrumah’s
Ghana” in American Journal of
Legal History, 2019, pp. 1–29. 75.
• S.K.B. Asante, "The Role of the
Early Generation of Lawyers in
Establishing Good Governance,",
University of Ghana Law Journal
27, 2014). pp. 1-5. 78.
• Asante, S.K.B. Recollection of the
History of the Law Faculty at
Legon: The Turbulent Years. Paper
presented by on the 50th
Anniversary of the Law Faculty of
the University of Ghana in 2008
• Daniels, W. E. (2009). The Birth of
Legal Education in Ghana,
handbook of the Faculty of Law,
University of Ghana.
Statutes
• Constitution of Ghana, 1992,
Articles 153(f), 157(1) (c),
166(l)(l)(i), 201(e), 204(d), 206(e),
209(1)(d), 259(b)(ii) and 261 (c),
294
• Legal Profession Act, 1960 (Act 32)
• Legal Profession (Professional
Conduct and Etiquette) Rules,
2020 (L.I 2423)
Case Law
• Fodwoo v. Law Chambers [1065]
GLR 363
• Ayarna v. Agyemang [1976] 1 GLR
306
• Joseph v. Jebeile [1963] 1 GLR
387
• Marfo v. The Republic [1981] GLR
722

January 2023.

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