Supreme Court to Rule on High Court Criminal Trials During Legal Vacation

Ghana's Supreme Court is set to determine if the High Court can continue criminal trials during the ongoing legal vacation. The crucial decision hinges on a substantive suit challenging the constitutionality of administrative warrants issued by the Chief Justice, which allow these trials to proceed.

The legal challenge was initiated by Kojo Oppong Nkrumah, the Member of Parliament for Ofoase-Ayirebi. He argues that the warrants permit judges to conduct cases as if during a regular term, rather than under the restricted scope of vacation sittings. This, he contends, violates Article 296 of the Constitution concerning the exercise of discretion.

Before delving into the main arguments, a preliminary legal objection was raised. Counsel for the plaintiff-applicant argued that the Deputy Attorney-General should not represent both the Chief Justice and the Attorney-General, citing established legal precedent. He asserted that separate representation is required when a constitutional office holder is sued over an administrative decision.

However, the Deputy Attorney-General opposed this, arguing that separate counsel is only necessary if a conflict exists between the Chief Justice's office and the Attorney-General's position. He maintained that no such conflict was demonstrated, and the Attorney-General properly represents the Chief Justice as the administrative head of the Judiciary. Justice Gabriel Pwamang, hearing the motion, noted that the Chief Justice had been served and indicated his representation, adding that the Attorney-General's role did not diminish his own standing as a defendant. Full reasons for this ruling are expected soon.