[2023]DLSC16991 • November 8, 2023 • Supreme Court •
DERICK ADU-GYAMFI vs. THE ATTORNEY-GENERAL
The plaintiff, a Ghanaian legal practitioner, challenged specific provisions of the Companies Act, 2019 (Act 992) that disqualify persons charged with certain criminal offences from being directors or involved in company management, arguing these provisions violate constitutional rights, particularly the presumption of innocence and fair hearing under the 1992 Constitution.
read moreJUDGMENT ACKAH-YENSU JSC; INTRODUCTION The common-law presumption acknowledged among the comity of nations and given constitutional recognition in our legal system, that a person charged with a criminal offence shall be presumed innocent until he admits his guilt, or his guilt is otherwise proven by the prosecution beyond reasonable doubt, is pivotal to the instant suit. The legislative and executive policies intended to achieve proper corporate governance of companies resulted in the passing of novel provisions in the Companies Act, 2019 (Act 992). Some of the provisions are also, of similar implications from the repealed Companies Act, 1963 (Act 179). Under the new legislative regime in Act 992, a person who has been charged with a criminal offence or who is convicted of a criminal offence may pursuant to an order of the court, be debarred from holding the position of director of a company, an auditor, receiver, liquidator or in anyway, whether directly or indirectly partake i...