3 Sections of Companies Act unconstitutional — Supreme Court

The Supreme Court of Ghana has ruled that certain sections of the Companies Act, 2019 (Sections 13 (2) (h) (i), (ii), and 172 (2) (a) (i), (ii)), which prevent individuals charged with criminal offenses involving fraud or dishonesty from becoming directors or promoters of a company, are unconstitutional and therefore invalid. This means that individuals in Ghana who have been charged with such offenses but not convicted will no longer be disqualified from holding these positions. It remains to be seen if there will be any appeals to this decision. The ruling is seen as a victory for human rights, and credit is given to Derick Adu-Gyamfi, a private legal practitioner, for his advocacy in this case.

Source: Graphics

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