MP challenges Chief Justice directive on legal vacation sittings

A Ghanaian Member of Parliament has taken the Chief Justice to the Supreme Court, challenging a directive that permits judges to hear selected criminal cases during the legal vacation. Kojo Oppong Nkrumah, MP for Ofoase Ayirebi, argues that the Chief Justice's warrants are unconstitutional and should be voided.

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The MP is asking the court to declare the warrants issued by the Chief Justice for the judges to sit during the legal vacation unconstitutional, null and void.

In his legal filing, Oppong Nkrumah contends that the directive violates fundamental constitutional provisions, including Articles 17, 23, and 296, which guarantee equality, fairness, and the proper exercise of discretionary powers. He specifically objects to the prioritization of "special criminal cases" while other criminal matters remain unheard, framing this as a form of selective justice and a breach of the equal treatment principle.

Furthermore, the MP asserts that the directive infringes upon the right to health for members of the Ghana Bar and the Judicial Service, who are compelled to work during the vacation period. He cites Articles 24 and 36 of the Constitution, which pertain to working conditions and worker protection. Oppong Nkrumah is also challenging Order 79 Rules 1(1) and 2 of the High Court (Civil Procedure) Rules, 2004, arguing they unconstitutionally allow the Chief Justice to select cases for hearing during vacations as if it were ordinary court sittings.

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He argues that the practice amounts to selective justice and violates the constitutional principle of equal treatment.

The case has been filed by Oppong Nkrumah in his capacity as a citizen, MP, and lawyer. The Chief Justice and the Attorney General are named as defendants and have 14 days to respond. The Supreme Court is expected to issue further orders as it deems necessary.

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The MP is challenging Order 79 Rules 1(1) and 2 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47).