The Supreme Court has dismissed an application filed by Ofoase-Ayirebi Member of Parliament, Kojo Oppong Nkrumah, seeking to halt selected criminal trials during the ongoing legal vacation.
Justice Gabriel Scot Pwamang, sitting as a single judge, delivered the ruling on Friday, clearing the path for proceedings to resume in high-profile cases.
The legal vacation spans 1 August to 30 September. However, Chief Justice Paul Baffoe-Bonnie issued administrative warrants directing specific High Court judges to continue hearing designated criminal matters.
Oppong Nkrumah subsequently filed a substantive suit challenging the constitutionality of these warrants under Articles 17(1), (2), and 296(a) and (b) of the 1992 Constitution. He contends that selecting specific cases for continuation amounts to selective justice.
His interlocutory injunction sought to suspend the operation of the warrants issued to Specialised Courts 1 and 2 pending the determination of the main writ.
Moving the application on Thursday, lead counsel Frank Davies argued that proceeding without defense counsel present could prejudice accused persons and compromise their constitutional rights.
“The harm which will be occasioned to the accused is not something that can be quantified by way of monetary compensation. It affects the rights and liberties of the accused persons,” Mr Davies submitted.
Opposing the application, Deputy Attorney-General Dr Justice Srem-Sai argued that the applicant failed to satisfy the legal threshold for an interlocutory injunction. He noted that the application conflated the Chief Justice’s administrative functions with the judicial duties of individual trial judges, adding that any grievance regarding a trial judge’s decision to sit should be addressed through certiorari, not the Supreme Court’s original jurisdiction.
The court also overruled a preliminary objection by Mr Davies regarding the Deputy Attorney-General representing both the Chief Justice and the Attorney-General, holding that the Attorney-General’s legal representation remained validly authorised.
With the injunction dismissed, Specialised Court 1 is set to resume sitting on Tuesday, 25 August 2026.
The court will proceed with the cross-examination of the fourth prosecution witness in Republic v Kwabena Adu Boahene & 2 Ors, a case concerning cybersecurity software acquisition, and hear legal arguments on a stay of proceedings in Republic v Hanan Abdul Wahab Aludiba & Another.
By: Rainbowradioonline.com/Ghana
