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Lawyers cannot be forced to attend trials during vacation, Atta Akyea tells Chief Justice

August 5, 2026
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Private legal practitioner Samuel Atta Akyea has written to the Chief Justice, Gertrude Sackey Torkornoo, protesting a directive requiring a High Court judge to continue sitting during the legal vacation in a high-profile criminal trial involving the former Director-General of the National Signals Bureau.

The controversy surrounds Criminal Case No: CR/0418/2026, The Republic v. Kwabena Adu-Boahene, Angela Adjei Boateng, and Advantage Solutions Limited.

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In a letter dated 5th August 2026, the Head of Chambers at Zoe, Akyea & Co. expressed deep concern over a warrant issued under the Chief Justice’s authority.

The directive instructs Justice Francis Apangabuno Achibonga, JA—sitting as an additional High Court judge in Specialised Court 1—to proceed with the part-heard case during the official judicial recess.

Pursuant to the directive, Justice Achibonga scheduled hearings for 11th, 12th, and 13th August 2026. However, Mr Atta Akyea made it clear that the defence counsel would be unable to attend.

“Regrettably, Your Lordship, we are unable to attend the said sittings during the legal vacation as this direction will necessitate the lawyers of the accused persons in this matter to work beyond the legal year and during the legal vacation, while other lawyers rest,” the letter stated.

The senior lawyer warned that forcing defense counsel to work through the recess disrupts personal plans and creates an impression of uneven treatment within the judicial system.

“Indeed, your directive will throw in disarray all the private personal engagements and travel plans of the members of our law firm. We of Zoe, Akyea & Co. have worked tirelessly throughout the legal year from October 2025 to July 2026, representing clients across the various regions of Ghana,” he noted, adding that the annual recess remains a long-standing period for both bench and bar to recuperate.

Raising constitutional concerns under Article 125(1) of the 1992 Constitution, Mr Atta Akyea cautioned that the selective directive risks undermining public confidence in the administration of justice.

“With respect, this directive to continue with the part-heard trial risks exposing Your Lordship to claims of selective justice. Numerous other cases of repute, both criminal and civil, have been placed at a standstill by the legal vacation and adjourned to October and November 2026, to afford both judges and lawyers rest during the vacation,” he wrote.

He further observed that the public has begun to perceive a two-tiered system within the judiciary.

“The people of Ghana in whom justice resides have arrived at the justifiable conclusion that there are now two criminal justice delivery systems: the track that has been set by your Lordship to hurry justice pertaining to some ‘special criminal cases’ programmed before specialised courts vis-à-vis the second track where criminal cases travel their normal course and never in an ambulance mode,” the petition stated.

Describing the judiciary as “the last bastion of refuge in our constitutional democracy,” Mr Atta Akyea respectfully urged the Chief Justice to reconsider the order, withdraw the warrant, and allow the matter to be adjourned to term-time in alignment with standard judicial practice.

Copies of the letter were served on the Judicial Secretary, the President of the Ghana Bar Association, and the Registrar of High Court Specialised Court 1.

By: Rainbowradioonline.com/Ghana

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