Category: Articles & Opinions

Weeping from the Grave: Daddy Lumba’s Funeral Rites and Matters Arising

To those of us still alive and kicking, it is never too early to get our affairs in order. The vital questions you should ask yourself are: are you properly married, are you properly divorced, do you have a Will, and is that Will valid? Sometimes, great men leave behind too many headaches for the beneficiaries of their estate because they fail to organise their affairs properly while alive. You might share your property during your lifetime and retain a lifetime interest, or have your lawyer prepare a Will on your behalf. You can leave behind “last wishes” regarding your burial and final funeral rites, but always remember that once you are gone, your mortal remains become the property of your extended family, not your immediate family.

STEP BY STEP TO WRITE A GOOD LEGAL OPINION

April 2024 marks my sixth year of working with my current law firm AB LEXMALL & ASSOCIATES. From my journey as a legal intern & research assistant to now being a fully-fledged legal practitioner, I have had the privilege of working on various aspects of law practice. One of the aspects of law practice that my boss and mentor Dr. Kweku Ainuson made me do a lot of work on during my nascent days was writing legal opinions. I passionately undertook this task of writing legal opinions and it became one of my favourites (still is) things to do as an intern and now a lawyer.

When I began my journey of writing legal opinions, it was quite challenging and scary sometimes, especially knowing that someone was going to rely on it to make a decision. If the opinion is not properly written, it could give rise to personal/collective liability (lawyer and the firm). There were times that after spending hours or days researching and writing the first draft of a legal opinion, it would be rubbished after sending it for review and comments. At that point, the difficulty is how to reorganize yourself to amend, vary or draft a completely new opinion, especially knowing you have put your best foot forward in the first draft. However, in all these things I never relented on learning the art of writing a good legal opinion.

I recently worked on a legal opinion for one of Ghana’s leading players in the telecommunication service industry. After I submitted the opinion, I got a lot of positive feedback. I decided to look back on my journey in this aspect of law practice and put together a few things that have helped me over the years. This write-up is intended to serve two purposes. One is to assist lawyers as they navigate writing a good legal opinion. Two, to assist clients in assessing or identifying a good legal opinion. Enjoy.

Sports Betting in Ghana, An Industry whose time has come

Today, there are 31 licensed sports betting operators in Ghana. In just a few years, the number has increased from only 12 licensed companies to 31. One would agree that adverts promoting the business of one operator or the other have become commonplace –  billboards and paraphernalia are everywhere.

Indeed, the time of the gaming industry has come, and the government has taken a keen interest in the industry. Sports betting together with the casino business are the major players in Ghana’s gaming industry, though sports betting is much more popular and accessible to many Ghanaians.  Between 2019 and 2022, the government collected GHS450m in taxes from the gaming industry. There is still a lot more to be collected.

Right to Work and Restraint of Trade Agreements in Ghana

In recent years, contracts of employment especially for professional services executed between employers and employees in Ghana contain some provisions on restraint of trade. Restraint of Trade Agreements or Clauses (RTAs) are provisions in contracts that restrict the activities of one party after the termination of a business relationship, typically an employment agreement or a business sale/transaction. RTAs may take the form of non-competition clauses, non-solicitation clauses, non-disclosure/confidentiality clauses and non-interference clauses among others.

These clauses aim to protect the legitimate interests of the party imposing the restriction, usually by preventing the other party from engaging in certain competitive activities within a specific time period or geographic area. RTAs seek to protect the legitimate interest of employers by preventing the employees from taking advantage of trade secrets, business information, and clientele among others. RTAs are usually targeted at preventing employees from unfairly competing with their employers after the employment relationship has been severed.

Generally, RTAs are seen as restrictions on an employee’s right to work since they limit the scope of work the employee can engage in usually for a specific period after the severance of the employment relationship.

This piece thus seeks to answer three questions. The first question is whether  RTAs are valid and enforceable in Ghana. The second question is to what extent will the courts in Ghana enforce RTAs? The third question is what are the remedies available if any for the breach of RTAs in Ghana?

“At least get good at selling tomatoes before getting into hard-core politics”, Prof. Raymond A. Atuguba advises young politicians to have a career or professional track record.

In a recent interview on the podcast, “All the Way Up”, the Former Executive Secretary to President John Mahama and the current Dean of the University of Ghana, School of Law, Prof. Raymond A. Atuguba shared his journey and experience of being co-opted into mainstream politics. He also shared his journey to becoming a successful lawyer and academic.

ELEVEN KEYS FOR A GOOD INSTITUTIONAL DISCIPLINARY PROCESS IN GHANA

Why disciplinary actions? Every Institution or Company requires disciplined and dedicated employees to attain its vision. In this regard, the conduct and attitude of all employees of the said Institution should conform to appropriate norms and standards of behaviour which are contained in the policy document governing the conduct of employees. Generally, employers must be…

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THE “LITIGATION TRINITY” WE OFTEN TAKE FOR GRANTED

In my not-so-many years of practice, I have seen a number of cases dismissed or struck out because of some “minor” errors. One would think that as Legal Practitioners we should hardly commit these errors. Yet I have seen cases being handled by Junior Counsel, Counsel and Senior Counsel dismissed or struck out because of some of the errors in the areas I refer to as the “Litigation Trinity”. The Litigation Trinity: Cause of Action, Parties, Process/Procedure.  The Litigation Trinity is the basis of every action in court. You miss a leg of the Trinity and be sure to find your action thrown out. In a football match, the ability of a soccer player to kick and pass the ball on the field of play is the least of his worries. However, it is the control, accuracy and directions of the passes that determine the outcome of the football match. A football team that does not master the “Trinity of Football” – control, accuracy, and direction- is sure to lose the match no matter the percentage of possession or the number of kicks. So it is in the field of litigation. No matter your suave, your advocacy or writing skills, a lawyer who fails to master the Litigation Trinity is bound to lose the case.

Beggars in the City: Civic Responsibility vrs Religious Obligation

In recent years, there have been increased activities of beggars on the principal streets of major cities in the country although begging is a criminal offence under Section 2 of the Beggars and Destitutes Act, 1969 (N.L.C.D. 392). Arguably Accra has been the leader in the activities of beggars in the country. Over the years, I have encountered these seven categories of beggars on the streets of Accra; I describe them by their status and the way they operate.