Papers by Dr. Joseph K W A K U Asamoah
UPSA Africa International & Comparative Law Journal (UAICLJ) , 2026
The doctrine of estoppel serves as a critical mechanism for ensuring fairness and consistency in ... more The doctrine of estoppel serves as a critical mechanism for ensuring fairness and consistency in legal and contractual relations. This paper explores the role of estoppel within global commercial law, examining its application across different jurisdictions. By investigating commonalities and differences in the doctrine's application, the paper aims to highlight how estoppel functions to unify legal principles, promote justice, and foster predictable commercial interactions. Through comparative analysis of case laws, statutes, legal literature, and interpretations, from common law and civil law jurisdictions, the study sought to identify pathways for greater coherence and predictability in the doctrine of estoppel, with the ultimate goal of proposing a unified framework that enhances legal clarity and coherence in global commercial law, thereby enhancing fairness and efficiency of crossborder contractual relations.
Journal of Law, Policy and Globalization, 2022
Elections have become the prerequisite of democratic governance in most countries. In pursuit of ... more Elections have become the prerequisite of democratic governance in most countries. In pursuit of this democratic imperative, Ghana has conducted eight (8) successive elections since the inception of the Fourth Republic. In the quest to seek continuous improvement, the Election Management Body of Ghana has over the years implemented various policies to give citizens the right to vote to choose leaders. However, notwithstanding the relentless effort to improve the electoral process, the incidence of rejected ballots poses risk to the democratic value of elections. The quantum of rejected ballots sometimes is enough to push the elections into a runoff. Apart from the financial and economic costs to the nation, runoff elections birthed by rejected ballots creates tensions and anxiety with the tendency to threaten the peace and security of countries. The study adopted a descriptive exploratory research design to find out the effect of rejected ballots on electoral outcomes and the factors that account for the incidence of rejected ballots in Ghana's elections. The study revealed that factors such as protest voting, ignorance of the voting system, the structure and design of ballot papers, illiteracy of voters, and political biases of electoral officers as responsible for the causes of rejected ballots. The study further revealed a strong correlation between rejected ballots and electoral democracy. The study also recommends measures that must be implemented by stakeholders to curb the incidence of rejected ballots to safeguard the efficacy of democratic elections.
International Journal of Social Sciences and Management Research, 2025
Since the 1990s, West Africa has witnessed significant political transformation, shifting from au... more Since the 1990s, West Africa has witnessed significant political transformation, shifting from authoritarian regimes and single-party dominance to pluralistic and constitutional democracies. This paper examines how law reflects the democratic choices of West African states by interrogating the relationship between law, the state, and governance. Drawing on classical political theories of Hobbes, Locke, and De Jasay, and contemporary interpretations of governance by institutions such as the World Bank, OECD, and UNDP, the study explores how constitutionalism, separation of powers, and the rule of law serve as the legal and philosophical foundations for democratic governance. Using a qualitative and doctrinal methodology that integrates normative theory with African philosophical perspectives and constitutional-institutional analysis, the study examines how legal frameworks and institutional reforms have contributed to strengthening democratic accountability, citizen participation, and the rule of law. Focusing on Ghana, Nigeria, and Senegal situated within ECOWAS and African Union norms the study assesses core pillars of constitutionalism, the rule of law, separation of powers, and good governance. The paper concludes that law not only defines the democratic architecture of the state but also mirrors the evolving political culture of governance, justice, and legitimacy in West Africa.
International Journal of Law Management & Humanities, 2025
Corporate mergers and divisions (M&Ds) are central to Ghana's restructuring landscape, yet the go... more Corporate mergers and divisions (M&Ds) are central to Ghana's restructuring landscape, yet the governing statute, the Companies Act, 2019 (Act 992), is silent on employee participation. This paper interrogates the legal and economic consequences of that omission. Using a doctrinal methodology complemented by economic and finance insights, it analyses Act 992 alongside comparative benchmarks in the European Union model and selected Commonwealth approaches to evaluate efficiency and welfare effects. The Ghanaian banking-sector clean-up (2017-2019), which resulted in over 6,000 job losses, serves as an empirical touchstone, illustrating large-scale employment dislocations and weakened bargaining positions for affected workers. Findings show that while Act 992 provides robust ex ante safeguards for shareholders and creditors, and ensures the universal succession of assets and liabilities, it relegates employees to ex post remedies under the Labour Act, 2003 (Act 651), primarily redundancy pay and consultation upon anticipated terminations. This bifurcated regime undermines both distributive justice and transactional efficiency by elevating capital-holder interests and neglecting workforce integration, a determinant of post-merger performance. The article contributes one of the first systematic accounts of employee participation in Ghanaian M&Ds, demonstrating how legislative silence generates predictable coordination failures, cultural frictions, and productivity losses. It advances a reform agenda-statutory recognition of employees as stakeholders in M&Ds, mandatory information and consultation rights, and procedural linkage between company-law and labour-law compliance to align Ghana's corporate legal framework with comparative best practices and to enhance fairness, integration quality, and long-run value creation.
International Journal of Law Management & Humanities, 2025
The intersection of religion and medicine raises complex legal and ethical questions in Ghana, es... more The intersection of religion and medicine raises complex legal and ethical questions in Ghana, especially when religious beliefs proscribe medical interventions necessary to preserve life. Such conflicts arise where competent adults refuse life-saving treatment or where parents and guardians decline medical consent on behalf of children or medically incompetent persons on religious grounds. The 1992 Constitution guarantees freedom of religion (Art. 21(1)(c)) alongside the rights to health and dignity, while Articles 28(4) and 30 prohibit denying medical treatment to children and vulnerable persons on religious grounds. This duality places medical practitioners at the crossroads of autonomy, vulnerability, and duty of care. Through doctrinal analysis of the Constitution, the Children's Act, professional codes, tort and criminal law, this article examines whether a medical practitioner, confronted with religiously motivated refusals of treatment, may nonetheless be civilly or criminally liable where harm or death results. It explores the doctrine of informed consent and autonomy in relation to competent adults, the statutory protections afforded to children and medically incompetent persons, and the boundaries of professional liability of medical practitioners. Drawing on comparative survey, the study reveals strong protection of adult autonomy tempered by proportional limits, and compulsory intervention for the vulnerable. The article concludes with reform proposals to harmonize religious liberty, medical ethics, and constitutional rights, ensuring a coherent framework for Ghana's healthcare system.
Journal of Law and Global Policy (JLGP), 2025
The rise of Artificial Intelligence (AI) has transformed the landscape of digital transactions, c... more The rise of Artificial Intelligence (AI) has transformed the landscape of digital transactions, challenging existing legal frameworks that were designed for an earlier era of electronic commerce. Ghana's Electronic Transactions Act, 2008 (Act 772), while pioneering at the time of its enactment, now exhibits significant regulatory deficiencies in addressing the complexities of AI integration in digital markets. This article critically examines the legal gaps in Act 772 in relation to algorithmic agency, liability attribution, transparency, data protection, and consumer rights. Using a doctrinal and comparative methodology, it analyses global developments including the European Union's Artificial Intelligence Act, the United Kingdom's pro-innovation approach, and African policy responses to identify models that could inform Ghana's legislative reform. The article argues that Act 772 must be reimagined through a risk-based and rights-oriented lens to remain relevant in the age of intelligent systems. It proposes a suite of legislative recommendations, including the introduction of AIspecific definitions, enhanced transparency obligations, ethical AI principles, liability frameworks, and institutional coordination mechanisms. The goal is to craft a forward-looking legal infrastructure that safeguards fundamental rights, promotes responsible innovation, and ensures public trust in AI-enabled electronic transactions. In doing so, the article contributes to the broader discourse on AI governance in Africa and offers a roadmap for aligning Ghana's digital laws with emerging technological realities.
Journal of Law and Global Policy (JLGP), 2025
This article critically examines the express exclusion of contempt jurisdiction from Ghana's lowe... more This article critically examines the express exclusion of contempt jurisdiction from Ghana's lower courts-namely Circuit and Magistrate Courts and its implications for judicial authority, constitutionalism, and access to justice. While these courts are empowered to determine serious civil and criminal matters, they lack the authority to punish acts that obstruct or undermine their proceedings. This paradox raises critical questions about the consistency and coherence of Ghana's judicial framework. Drawing on constitutional provisions, statutory analysis, and case law, the article explores whether the current limitation aligns with principles of judicial independence, fairness, and public accountability. It argues that the absence of contempt powers in lower courts weakens their ability to enforce compliance, diminishes their institutional dignity, and risks eroding public confidence in the judiciary. The article advocates for legal and policy reforms, such as amending the Courts Act or enacting a Contempt of Court Act, to empower lower courts with contempt powers, subject to safeguards and superior court oversight. It concludes that without reform, the lower court's role in delivering justice at the grassroots level remains compromised, and justice, though dispensed, will not be seen to be done. A robust, respectful, and accessible legal system demands that all courts command compliance and respect.
Journal of Law and Global Policy (JLGP), 2023
Equality before the law remains one of the unquestionable principles of law globally. This implie... more Equality before the law remains one of the unquestionable principles of law globally. This implies no discrimination and equal treatment of persons seeking justice at the law court and other extrajudicial bodies. These include the right to be represented by a lawyer of one's choice in seeking remedy. Although the courts exist to administer justice, not all persons can afford to hire the services of lawyers and other costs inherent in courtroom litigation. Several structural, institutional, and economic factors exist to make litigation expensive thereby creating unequal access to justice. These factors serve as a fetter on the right of persons to seek justice. Against this backdrop, this study seeks to critically analyze the role of the Legal Aid Scheme in promoting inclusion in the justice delivery system focusing on access to justice for indigents and the marginalized in society. In doing so, the study adopted a quantitative desktop research design to assess the performance of the Legal Aid Commission of Ghana and the extent of its impact on access to justice. The study found that just as with the courts, the jurisdiction of the Legal Aid Commission covers civil and criminal cases including the use of alternative dispute resolution mechanisms. The study again revealed that many persons especially the poor would have been excluded from the justice net but for the existence of legal aid schemes.
Journal of Business and African Economy, 2026
Ghana's Data Protection Act, 2012 (Act 843) establishes foundational principles governing lawful ... more Ghana's Data Protection Act, 2012 (Act 843) establishes foundational principles governing lawful and secure processing of personal data but provides limited guidance on cross-border data transfers, a regulatory gap that has become increasingly consequential in the context of the African Continental Free Trade Area (AfCFTA). As digital trade, artificial intelligence (AI), and cross-border service delivery expand across Africa, uncertainty regarding international data transfers threatens privacy protection, regulatory compliance, and economic integration. This paper examines how Ghana can reform its data protection regime to enable secure cross-border data flows while safeguarding constitutional privacy rights and national interests. Using doctrinal and comparative legal analysis, the study draws on two contrasting yet complementary models: the ECOWAS Supplementary Act on Personal Data Protection (2010), which prioritises regional harmonisation and mutual recognition, and China's Personal Information Protection Law (PIPL, 2021), which adopts a sovereigntyoriented and risk-tiered approach to outbound data transfers. The paper argues that Ghana should adopt a hybrid regulatory model incorporating presumptive adequacy for regional partners, standard contractual safeguards for international data transfers, and tiered security assessments for high-risk data exports. Such reforms would align Ghana's data protection framework with AfCFTA digital trade obligations while strengthening the protection of personal data and promoting Africa's digital economy. This paper thus contributes to African digital governance scholarship and advances a scalable framework for reconciling free data flows with privacy, security, and sustainable digital development.
Public Policy and Administration Research, 2019
The restive citizens of most Africa countries continue to demand free and fair elections as the o... more The restive citizens of most Africa countries continue to demand free and fair elections as the only democratic tool that equates the fundamental human rights. Even in some post conflict countries, the general public have adopted elections as a means of demanding accountability, good governance and independent and impartial election management bodies. Whereas elections have become commonplace in Africa over the past decades, some recent elections have failed to legitimise power by creating tension and causing violence. Understanding the dynamics around electoral violence has become fundamental to limiting the risk of electoral violence to improve the quality of democracy in Africa. The purpose of this article, therefore, is to examine how EMBs and the judicial system can prevent electoral violence, followed by an assessment of the role stakeholders and effective electoral cycle management play in preventing election related disputes. The study uses uses the politico-legal debates t...
Journal of Agricultural Education, 2018
This essay analyses the doctrine of the law of agency in the context of electoral democracy in as... more This essay analyses the doctrine of the law of agency in the context of electoral democracy in assessing the rights and liabilities of the political elite and the voting public. The principal-agent model was employed to expatiate challenges in the relationship between the agent’s performance and how the principal can reward or punish the agent through competitive elections. In doing so, the elected political authorities are deemed to be agents of state governance while the voters, and by extension the population, are seen as principals of the state. The principal-agent relationship generates the electoral accountability of representatives to constituents by checking and controlling the behaviour of the political elite to ensure that national programmes, policies and laws are applied for the benefit of the general public. The study concludes that voters, as principals, expect political agents to deliver public goods and services to their benefit and that failure do so attracts a vote...
International Journal of African and Asian Studies
Elections remain the basic fundamental to any democracy; they are also the political activities m... more Elections remain the basic fundamental to any democracy; they are also the political activities most open to manipulation leading to violence in Africa. Whilst in some advanced countries, elections are seen as an instrument for peace, elections in Sub-Sahara Africa are often fraught with conflict and political violence. The role of electoral administrators is very critical in ensuring the achievement of better democracy through elections. Studies indicate that electoral administration is given little consideration in the investigation of political democratisation, especially in transitional democracies. This paper seeks to test whether electoral administration contributes or reduces conflict in Africa through a comparative study between Ghana and Kenya. The study adopted descriptive correlational survey to find out the extent of association between electoral governance and conflicts in Africa. The study stipulated two research objectives and hypotheses. These hypotheses were tested to ascertain their impact on the rate of electoral violence. The results from the study indicated that all two stated hypotheses were supported by the data. The findings show a critical association between the role of election management bodies, electoral system and the rate of violence. The study also discovered high effectiveness of electoral governance in Ghana compared to Kenya.
Books by Dr. Joseph K W A K U Asamoah
LAP LAMBERT Academic Publishing , 2024
Elections have become the prerequisite of democratic
governance in most countries. In pursuit of ... more Elections have become the prerequisite of democratic
governance in most countries. In pursuit of this democratic
imperative, Ghana has conducted eight (8) successive elections
since the inception of the Fourth Republic. In the quest to seek
continuous improvement, the Election Management Body of
Ghana has over the years implemented various policies to give
citizens the right to vote to choose leaders. However,
notwithstanding the relentless effort to improve the electoral
process, the incidence of rejected ballots poses risk to the
democratic value of elections. The quantum of rejected ballots
sometimes is enough to push the elections into a runoff. Apart
from the financial and economic costs to the nation, runoff
elections birthed by rejected ballots create tensions and anxiety
with the tendency to threaten the peace and security of countries.
The study adopted a descriptive exploratory research design to
find out the effect of rejected ballots on electoral outcomes and
the factors that account for the incidence of rejected ballots in
Ghana’s elections. The study revealed that factors such as
protest voting, ignorance of the voting system, the structure and
design of ballot papers, illiteracy of voters, and political biases
of electoral officers as responsible for the causes of rejected
ballots. The study further revealed a strong correlation between
rejected ballots and electoral democracy. The study also
recommends measures that must be implemented by
stakeholders to curb the incidence of rejected ballots to
safeguard the efficacy of democratic elections.
Keywords : elections; democracy; spoilt ballot; rejected ballots
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Papers by Dr. Joseph K W A K U Asamoah
Books by Dr. Joseph K W A K U Asamoah
governance in most countries. In pursuit of this democratic
imperative, Ghana has conducted eight (8) successive elections
since the inception of the Fourth Republic. In the quest to seek
continuous improvement, the Election Management Body of
Ghana has over the years implemented various policies to give
citizens the right to vote to choose leaders. However,
notwithstanding the relentless effort to improve the electoral
process, the incidence of rejected ballots poses risk to the
democratic value of elections. The quantum of rejected ballots
sometimes is enough to push the elections into a runoff. Apart
from the financial and economic costs to the nation, runoff
elections birthed by rejected ballots create tensions and anxiety
with the tendency to threaten the peace and security of countries.
The study adopted a descriptive exploratory research design to
find out the effect of rejected ballots on electoral outcomes and
the factors that account for the incidence of rejected ballots in
Ghana’s elections. The study revealed that factors such as
protest voting, ignorance of the voting system, the structure and
design of ballot papers, illiteracy of voters, and political biases
of electoral officers as responsible for the causes of rejected
ballots. The study further revealed a strong correlation between
rejected ballots and electoral democracy. The study also
recommends measures that must be implemented by
stakeholders to curb the incidence of rejected ballots to
safeguard the efficacy of democratic elections.
Keywords : elections; democracy; spoilt ballot; rejected ballots