Studying Law with an American Degree

Dear Reader,

As far as I know, there is no special track for American B.A. degree holders who want to study law in Ghana. In fact, there is no such special track even for Ghanaian B.A. degree holders who want to study law. They all have to do the LLB in Ghana before they can go to the Ghana School of Law.

I do not know if you are really asking about about American law degree holders. I do not know the answer to that, but I will find out and put out an additional note for you.

Claiming Back Your House

Dear Reader,

1. Our Rent Act is very socialist (you see, it was enacted in the 1960s). Normally, when a lease or tenancy ends, and the tenant chooses to remain in the premises, they enjoy an 'Irremovable Status' unless the law says they should go.
2. Therefore, you will have to get a court order to remove a tenant who has overstayed the agreed period.
3. You have not stated how long your lease was, but it is not a hard-and-fast rule that you should give a tenant 3 months' notice to quit. Sometimes, it is less. Sometimes, it is even 6 months.
4. If your tenant refuses to quit, you may want to consider suing them in a magistrate court.
5. Having said all that, there is a concept known as 'Self-Help', where a property owner 'helps' themselves by throwing out the property of the tenant and locking up the premises. This has been upheld by the courts in some cases (although reluctantly). 
6. What you must know about 'Self-Help' is that you must not do it, if it will be resisted physically by the tenant, which might cause a brawl or an altercation.That would be a criminal offence.
7. Another thing is you must ensure that the you have not accepted any rent from the tenant for a further period since the tenancy ended, or you would have waived your right to let them leave. Throwing them out whether by force or by putting inconveniences in their way, while they are still 'legally' in your premises, amounts to another offence - inducement to quit.
8. The best and most risk-free advice I can give you is to sue them in a magistrate's court.

Good luck.

Handing Over Your Licence

Dear Reader,

Pardon me for taking so long to get back on this one.

1. The Road Traffic Act provides that a person driving on a road has to produce their licence for examination if a police officer asks them to.
2. The law does not say exactly what it means to produce the licence, and it could mean a certain number of things. I believe the best view to take of this is, a person cannot claim to have produced their licence if they merely hold it up from a distance or provide a photocopy.
3. The law also gives up to 24 hours to produce the licence.
4. If a person suspects that a police officer will take the licence in order to extort money, well, they can produce it within 24 hours at the officer's police station. I believe you can insist politely that you would like to produce your licence at a police station (if it is convenient for you).
5. Please note that refusal or failure to produce your licence can be punished by conviction and a fine of up to GHS 600 or 1 year's imprisonment or both the fine and the prison term.

A 6 Year-Old Alleged Sexual Molester

Dear Reader,

This is a not-so-straightforward one.  Sexual molestation or assault by violating the victim’s body in a manner not amounting to rape or defilement or buggery is a criminal offence under the fancy name Indecent Assault.

The law deems anybody below the age of 12 as incapable of committing any crime including Indecent Assault. That is why the minimum age for putting child offenders in an institution is 12.

However, there are rules of punishment in society for all ages.

First, the school (by its rules) should be able to punish a 6 year-old who is described as a repeat or habitual offender by calling in his parents and/or suspending and/or expelling him. What influences is the boy being subjected to at home? What is he watching around him – in real life or on TV?

If the school will not take action, it can be sued because it is responsible for every child and their behaviour towards other children during school hours.

Even if the child is expelled, there must be something showing that the child has this problem; otherwise it will merely be repeated in another school.

Such a child needs help, but while he is getting help, other children must be protected from him.

Commuting Leave to Cash

Dear Reader,

1. To answer the question "Can you do it?", simply, No!

2. The Labour Act says an agreement to forgo leave is void.

3. The legal provision might appear indirect, but taking cash surely means forgoing leave, no?

4. If a person is leaving the employment, then outstanding leave can be commuted and added to entitlements.

Official Website of the Ghana School of Law

Dear Reader,

I doubt that it is updated regularly. But please click here.

UG Law v KNUST Law

The Faculty of Law at the UG has long been established as a very good law school. It has the best law library in the country (and that includes all libraries, including the Supreme Court library) and beyond. Most indicators would probably judge this to be the best faculty in Ghana.

I know a couple of lecturers from the Faculty of Law at KNUST. I know many lawyers and law students who have passed through this young faculty. Many of them are exceedingly fine legal brains.

I am tempted to think that the students from KNUST just about win it, judging from perceived performance at the Ghana School of Law. These are however only my personal views. Further, I think the KNUST students win by reason of youthfulness, and nothing else.