Procedural compliance leads as courts rule and regulators act

The High Court has dismissed a defamation suit filed by the Minority Leader, Alexander Afenyo-Markin, against the Chief Executive Officer of the Ghana Gold Board (GoldBod), Sammy Gyamfi, over alleged defamatory comments.

The court, in a ruling delivered Wednesday, October 14, 2026, held that the failure to endorse the writ of summons with sufficient particulars of the alleged defamatory publication, as required by the High Court (Civil Procedure) Rules, 2004 (C.I. 47), rendered the action defective.

It consequently set aside the writ of summons and statement of claim filed on August 24, 2026.

Related article: Afenyo-Markin sues Sammy Gyamfi, Multimedia ...For GH¢15m over ‘extortionist’ tag

In its ruling, the court considered whether the particulars of the alleged defamatory publication contained in the statement of claim could cure the omission in the writ of summons.

It examined the Supreme Court’s decision in Owusu-Domena v Amoah, in which the court held that particulars contained in a statement of claim could cure a defective endorsement on a writ where the defendant had not raised an objection and had participated fully in the proceedings.

However, the court distinguished the circumstances of the present case from that decision.

It explained that the applicant had entered a conditional appearance at the outset of the proceedings and immediately followed it with the application challenging the writ.

The court, therefore, disagreed with the plaintiff’s position that the particulars contained in the statement of claim could cure the defect.

The court held that specific legal remedies required compliance with the particular procedural rules governing them, adding that general provisions could not always be applied to actions subject to special requirements.

It cited Order 57 of C.I. 47, which governs defamation actions, and referred to the Supreme Court’s decision in consolidated cases involving Alex Onuma and others against Newmont.

Order 57, rule 2 requires a writ in an action for libel to be endorsed with sufficient particulars of the allegation to enable the publication complained of to be identified.

Rule 3(1) also requires particulars of the facts and matters relied upon where a plaintiff alleges that words were used in a defamatory sense other than their ordinary meaning.

The court concluded that the failure to endorse the writ with sufficient particulars of the alleged defamatory publication rendered the action defective.

The court also declined to take into consideration an amended process filed in the course of the proceedings.

Citing Ahin Akwa II v Okai Jah III, it held that an amendment could not be sought or granted for the purpose of defeating an objection to a process already pending before the court.

The court accordingly set aside the writ of summons and statement of claim filed on August 24, 2026, and made no order as to costs.

The Supreme Court has dismissed an application by the first accused in the $2 million SkyTrain case, Solomon Asamoah, seeking to quash decisions by the trial court over allegations that the judge exceeded her jurisdiction and made findings that could prejudice his defence.

The court, presided over by Justice Gabriel Pwamang, with Justices Samuel Asiedu, Hafisata Amaleboba, Sophia Bernasco-Esaah and Anthony Forson as members, held that the application ought to fail.

It consequently refused the applications for certiorari and prohibition.

Moving the application in court Wednesday (October 14), counsel for Asamoah, Prince Asafo-Agyei, said the application, filed on August 21, 2026, challenged the ruling of the High Court on July 2, 2026, dismissing the accused person’s submission of no case to answer.

He argued that the trial judge exceeded her jurisdiction by making definitive findings on whether the prosecution had adduced sufficient evidence to warrant a conviction at that stage of the proceedings.

According to him, the judge went beyond the scope of her powers by making findings that should not have been made when determining a submission of no case to answer.

Counsel further argued that the judge, on July 30, 2026, reviewed the applicant’s bail conditions while dealing with an application for stay of proceedings, without giving him an opportunity to respond.

He took particular exception to the judge’s alleged statement that the applicant was “the direct cause of the loss”, arguing that it went beyond what the court was required to determine at that stage and could prejudice the defence.

Mr Asafo-Agyei also challenged the trial court’s decision to revert the applicant’s bail conditions to a requirement to report monthly until the end of the trial.

He said the applicant was neither given notice nor heard before the decision was taken, adding that there was no application before the court seeking a variation of the bail conditions.

Counsel submitted that the cumulative effect of the judge’s findings, the alteration of the bail conditions and what he described as off-record proceedings on July 2, 2026, created a reasonable apprehension that his client would not receive an impartial hearing.

Opposing the application, the Deputy Attorney-General, Dr Justice Srem-Sai, said the complaint about the bail conditions was unfounded.

He explained that the accused person had applied for a variation of his bail conditions on February 9, 2026, and that the variation was subject to the continuation of the trial.

He said when the period covered by the variation ended, the trial judge merely reverted to the original conditions.

On the allegation that the trial judge had exceeded her jurisdiction, Dr Srem-Sai argued that the applicant’s case was based on a misapprehension of the elements of the offence.

He further submitted that the allegations underpinning the application for prohibition were unfounded and did not establish any element of bias.

Mr Asamoah, a former Chief Executive Officer of the Ghana Infrastructure Investment Fund (GIIF), and Professor Christopher Ameyaw-Akumfi, a former board chairman of the fund, are standing trial over an alleged $2 million payment connected with the proposed Accra SkyTrain project, which was never constructed.

The prosecution alleges that the money was transferred from GIIF’s account to Africa Investor Holdings Limited, a South African company, without the requisite approval of the GIIF board.

The two accused persons have pleaded not guilty to the charges.

The Supreme Court has granted an application for a stay of execution of a Court of Appeal judgment directing the promotion of 40 police chief inspectors who were excluded from a special promotion exercise.

The court, presided over by Justice Gabriel Pwamang, granted the application when the case was heard on Wednesday, October 14, 2026.

The application sought to suspend the execution of the Court of Appeal’s judgment of January 27, 2026, pending the determination of an appeal against the decision.

The case, involving Chief Inspector Christopher Okpattah and 39 others against the Inspector-General of Police (IGP) and the Attorney-General, arose from the officers’ exclusion from a special promotion exercise for police personnel who had obtained university degrees while in service.

At the hearing, Akawari Attindam, a Senior State Attorney, relied on the affidavit in support of the application for a stay of execution.

The court observed that implementing the Court of Appeal’s judgment before the appeal was determined could disrupt the administrative process if the applicants succeeded in the appeal.

It added that if the appeal failed, the officers’ promotions would be backdated to the date of the Court of Appeal’s judgment.

Counsel for the Police, Henry Ohene Kumi, agreed with the court’s observation but argued that some of the officers were due for retirement.

He said that if the officers succeeded in the appeal, they would not benefit from the promotions before the appeal was determined.

In its ruling, the court said it had considered the affidavit in support of the application and the affidavit in opposition before arriving at its decision.

“Upon reading the affidavit in support of this case and affidavit in opposition, we are of the opinion that the respondents stand to suffer lesser inconvenience than the applicant in this case,” the court said.

“Accordingly, we hereby grant the application for stay of execution of the judgment of the Court of Appeal dated January 27, 2026,” it added.

The order suspends the execution of the Court of Appeal’s judgment pending the determination of the appeal.

The 40 chief inspectors sued the IGP, the Police Management Board and the Attorney-General after they were excluded from a special promotion exercise involving police officers who had obtained university degrees.

They challenged their exclusion from the exercise, arguing that they had met the relevant requirements for consideration.

The Kumasi High Court dismissed their case. However, the Court of Appeal overturned that decision and ordered the relevant authorities to take steps to promote the officers and grant them the associated entitlements.

The Data Protection Commission (DPC) has flagged six companies operating in the Kaneshie North Industrial Area and Tudu for failing to comply with the country’s data protection laws.

The companies are Polytex Ghana Limited, JA Biney Packaging, Qualiplast Limited, Bragha Company Limited, Melcom Group of Companies and Menkish Impex Ltd.

They were cited for operating without registering with the Commission, using expired certificates or failing to renew their registrations.

The companies have been directed to report to the Cyber Security Unit of the Criminal Investigations Department (CID) at the Police Headquarters and the DPC by Thursday, October 15, to address the breaches.

The violations were identified during compliance checks on Wednesday as part of a week-long enforcement exercise aimed at ensuring that organisations handling personal data complied with the law and adopted measures to safeguard such information.

Briefing the media after the exercise on Wednesday, Mr Quintin Akrobotu, Director of Regulatory and Compliance at the DPC, said some companies had operated and collected or processed personal data for years without registering with the Commission.

He said Polytex Ghana Limited had failed to demonstrate adequate knowledge of data protection requirements and could not produce a valid certificate to support its data processing activities. The company had been invited by the CID’s Cybercrime Unit to explain its failure to register.

JA Biney Packaging was also found to be unregistered, although it had agreed to take steps to comply. It was directed to report to the CID to provide a statement.

Qualiplast Limited similarly failed to produce a valid data protection certificate but had expressed willingness to implement the required measures. It was also expected to explain its non-compliance to the CID.

Bragha Company Limited, an oil and gas firm, was cited for operating for about 30 years without a valid data protection certificate or completing its registration. It was invited to meet the CID and the DPC.

Menkish Impex Ltd’s registration expired in 2019, and the company failed to renew it. It was directed to regularise its status with the Commission and explain the lapse to the CID.

Melcom, however, received commendation for its compliance efforts. Mr Akrobotu said the retailer was processing its licence renewal and training three professionals, including one appointed as its data protection supervisor, as required under Section 58 of the Data Protection Act.

He said the company was expected to take further steps towards full compliance after the training, warning that ignorance of the law would not be tolerated.

“Ignorance is no excuse,” he said, adding that the Commission educated organisations on their obligations through publications, its website and social media platforms.

Mr Akrobotu said Section 53 of the Data Protection Act prohibited data controllers from processing personal information without registering with the Commission.

He said the enforcement exercise, conducted under Section 81 of the Act, would continue beyond the week and into next year, with further inspections planned across the country.

He also commended companies cited in an earlier crackdown for contacting the Commission to work towards compliance.

“Our target is not to embarrass institutions. We want them to comply,” he said.

Menu Search for Switch skin Home News Politics Business Sports Crime Africa More World Education Editorial Features Lifestyle Technology Gallery Contact Us Facebook X TikTok RSS Switch skin Search for Hot! News GRA dismisses claims of additional 20% VAT on digital services October 14, 2026 2 minutes read The Ghana Revenue Authority (GRA) has dismissed claims that the introduction of a new digital Value Added Tax (VAT) collection system will impose an additional 20% tax on subscriptions and payments for online services.

In a press release issued on Wednesday, October 14, 2026, the Authority clarified that the new system does not introduce a new tax or increase existing tax rates but is intended to improve the collection of taxes already required by law.

It explained that the applicable effective tax rate remains 20%, comprising 15% VAT, 2.5% National Health Insurance Levy (NHIL) and 2.5% Ghana Education Trust Fund (GETFund) Levy.

The GRA noted that the taxes already apply to electronically supplied services provided by foreign companies to consumers in Ghana.

It added that about 92 foreign digital service providers are currently registered with the Authority and remit the applicable taxes, while approximately 100 others have been identified for inclusion in the tax system.

According to the GRA, customers who already pay the applicable taxes through their subscriptions should not be charged again when the new collection system takes effect.

However, it cautioned that consumers using services from providers who have not been charging and remitting the taxes could see the applicable charges reflected in their payments as those companies are brought into compliance.

The new system will allow the tax component of qualifying transactions to be identified and collected at the point of payment through participating banks, financial institutions and payment service providers.

The Authority said this would improve transparency and accountability, as the existing system relies largely on foreign digital service providers to declare their transactions and pay the taxes due.

The system will cover digital services such as streaming subscriptions, cloud computing, online gaming and digital advertising paid for through Ghana-issued bank cards, mobile money and other digital payment platforms.

The GRA clarified that the system applies to digital services and not imported physical goods purchased through international e-commerce platforms, which remain subject to the applicable Customs procedures.

It further assured consumers that it would continue to engage banks, payment service providers and digital companies to prevent duplicate tax collection and ensure that customers receive clear information about charges.

Members of the public who notice charges that appear inconsistent with the clarification have been encouraged to contact the Authority through its official channels for assistance and redress.

The GRA said the objective of the new system was to improve compliance, ensure fairness between local and foreign service providers, and ensure that taxes already required by law are properly collected and accounted for.

Attorney General and Minister of Justice, Dr Dominic A. Ayine, has called for lawyers to be made available at police stations and courts to protect suspects’ rights and improve access to legal representation during criminal proceedings.

He said suspects were particularly vulnerable during police investigations and their first court appearances, when decisions could have serious consequences for their liberty.

Speaking through a speech read on his behalf at the launch of the Legal Aid Commission’s 2026 Legal Aid Week in Accra on Tuesday, October 13, Dr Ayine advocated a duty-lawyer scheme to give practical effect to Article 14(2) of the 1992 Constitution. The event was held under the theme, “Justice at Your Doorstep.”

Dr Ayine also urged the Commission to review cases involving people in custody regularly to prevent prolonged detention without legal assistance. He called for legal aid services to be expanded beyond regional capitals through district offices and mobile clinics operating at markets, community centres and traditional council halls.

“The Commission’s presence must be felt beyond regional capitals,” he said.

To widen access further, the Attorney General said he intended to engage the Ghana Bar Association to encourage more lawyers to take up pro bono cases.

He also urged law faculties and the Ghana School of Law to establish supervised legal clinics and train paralegals and community volunteers to provide basic legal guidance in rural communities.

He stressed that poverty should not prevent people from exercising their rights or receiving fair treatment, remarking that “a right that cannot be reached is a right denied.”

Dr Ayine further proposed strengthening alternative dispute resolution mechanisms to help settle family, land, tenancy and debt disputes without the costs and delays of full trials.

He also called for a toll-free legal aid line, SMS and WhatsApp intake channels, legal information in local languages and a shared case-management system linking the Legal Aid Commission, the courts and the Attorney General’s Office.

He urged the Commission to secure predictable funding and publish annual performance reports detailing services delivered across districts and the time taken to resolve cases.

The Accra High Court is expected to hear an application for bail by former New Patriotic Party (NPP) Ashanti Regional Chairman, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, on Thursday, October 15, 2026.

His lawyers are seeking his release from custody while he pursues an appeal against his conviction and 20-year prison sentence for illegal mining-related offences linked to a concession at Samreboi in the Western Region.

The application was originally scheduled for hearing on August 19, but the proceedings were postponed after both Mr Boasiako and his lead counsel, Samuel Atta Akyea, failed to appear in court.

The court clerk subsequently informed the parties that the presiding judge was unavailable for the remainder of that week, resulting in the matter being rescheduled for today.

The hearing is expected to allow the defence team to formally present its arguments in support of bail pending the determination of the appeal.

The application was filed in August as part of efforts to secure Mr Boasiako’s release while the appellate process continues.

However, the Attorney-General has opposed the request, arguing that the former NPP regional chairman poses a flight risk.

The court is expected to consider the arguments from both sides in determining whether he should be granted bail pending the outcome of his appeal.

The Lands Commission has outlined procedures for prospective land buyers in Ghana to follow to help avoid litigation including verifying ownership, inspecting boundaries and confirming the legal authority of sellers before making full payment.

This move, according to the Commission can help to avoid fraud and costly land disputes.

Speaking in a radio interview monitored by Graphic Online on Accra based Citi FM on Wednesday morning (October 14, 2026), Raphael Hokey, the Acting Deputy Executive Secretary in charge of Operations at the Lands Commission said buyers must conduct thorough checks, including searches at the Commission, before committing money to land transactions.

He warned that buyers who failed to establish the legal status of a parcel of land risked losing their investments, particularly where sellers offered state-owned or vested lands without the necessary authority.

He outlined steps prospective buyers should take to verify ownership and explained measures being pursued to improve land administration.

Mr Hokey advised prospective buyers against relying solely on assurances from chiefs, family heads, estate developers or other people claiming ownership of land.

“I cannot overemphasise that word enough. Due diligence, due diligence, due diligence,” he said.

He urged buyers to begin the process by conducting a search at the Lands Commission to establish what its records showed about the land.

Prospective buyers should submit the relevant site plan to the Commission for verification. A search report may show whether the land is recorded as state-owned or vested land, whether ownership interests have been registered and whether other relevant information is available.

Mr Hokey said searches had helped some prospective buyers discover they were dealing with people who lacked the authority to sell the land.

He advised buyers to seek clarification from sellers about any concerns raised by the search results before proceeding with a transaction.

A search report, he cautioned, did not guarantee that the land was free from competing claims. The Commission's records might not contain complete information about customary ownership, particularly where the original landowning group had not registered its interest.

Buyers should investigate gaps or inconsistencies in the records before making a purchase.

Mr Hokey also urged prospective buyers to visit the site to confirm that the parcel being offered for sale corresponded with the site plan.

They should verify the location, measurements and boundaries, engaging a licensed surveyor where necessary.

He said a site plan submitted for registration must be prepared by a licensed surveyor and approved by the Director of the Survey and Mapping Division or an authorised representative.

The Commission uses authenticated, barcoded site plans to help verify land parcels and improve the accuracy of its records.

Mr Hokey advised buyers to confirm that the site plan accurately identified the land they intended to acquire before completing payment.

He said buyers must establish not only the location of a parcel but also who owned the relevant interest and whether the person offering it for sale had the legal authority to do so.

The need for such checks was particularly important for family and stool lands, where disagreements over family leadership, ownership and the authority to sell could expose buyers to competing claims.

Mr Hokey said Section 14 of the Land Act, 2020 (Act 1036), provided for Customary Land Secretariats to improve the documentation and administration of customary land interests.

The Act also contains provisions governing the registration of land interests, including allodial title, an underlying ownership interest which may be held by the state, a stool or skin, a clan, a family or an individual.

He said the Lands Commission was working with the Office of the Administrator of Stool Lands to establish customary land secretariats to help landowning groups maintain records of their properties and transactions.

Incomplete records, he explained, made it difficult for the Commission to determine which family or customary landowning group held the underlying interest in some parcels.

The Commission intends to strengthen the registration of customary land interests and restrict the registration of subsequent transactions involving unregistered interests once Parliament passes the necessary legislative instrument.

The proposed restriction is not yet a measure being enforced nationwide.

Mr Hokey advised prospective buyers against paying the full purchase price before completing the necessary ownership checks.

He said buyers could make a limited initial payment, depending on the agreement with the seller, while obtaining the site plan and conducting a search.

The search results should guide the decision on whether to proceed with the transaction.

Where the records indicate that the land belongs to another person or is subject to restrictions, buyers should seek clarification before making further payments.

He cautioned that a deposit should not replace proper checks and urged buyers to avoid committing substantial sums until they had verified the seller's authority and the legal status of the land.

After completing the ownership checks, buyers should ensure that the transaction is properly documented.

Mr Hokey explained that an indenture was the legal agreement between the landowner, known as the lessor, and the person acquiring the land, known as the lessee.

The document should clearly describe the transaction and contain the terms agreed by both parties. The appropriate parties and witnesses must execute it properly.

The site plan must also meet the Commission's surveying and authentication requirements.

The instrument must undergo the applicable stamp duty process before submission for registration. Under the Land Act, 2020, conveyances are subject to legal requirements governing their preparation and execution.

Proper documentation and registration provide formal evidence of the transaction and help protect the buyer's interest in the property.

The Lands Commission has introduced an online service through which prospective buyers can submit site plans and obtain search reports without necessarily visiting its offices - onlineservices.lc.gov.gh .

Mr Hokey said the Commission was gradually digitising its operations to reduce the need for physical visits, improve efficiency and limit interactions which could expose applicants to delays or unofficial intermediaries.

Mr Hokey said the absence of clear ownership information in the Commission's records should prompt further investigation rather than an immediate decision to purchase the land.

He acknowledged that some customary landowners had not registered their underlying interests, making it difficult for the Commission to identify the original landowning group from its records.

A parcel could have identifiable boundaries and a clear location but still lack sufficient ownership information in the Commission's records.