Criminal trials during legal vacations a ‘novel’ departure from tradition — Kpemka
A former Attorney-General and Minister for Justice, Joseph Kpemka, has described as “novel” the decision by specialised High Courts to continue substantive criminal trials during Ghana’s ongoing legal vacation.
Former Attorney-General and Minister for Justice Joseph Kpemka has characterized the High Courts' decision to proceed with substantive criminal trials during Ghana's ongoing legal vacation as "novel". This move follows the Accra High Court's refusal to grant a motion by lawyers representing four accused persons, including former NPA Chief Executive Officer Dr Mustapha Abdul-Hamid, to suspend proceedings until October.
The legal profession has been divided over this development, as usual practice during the legal vacation is for designated Vacation Courts to handle urgent applications, motions, and interlocutory matters. Kpemka emphasized that substantive hearings typically do not form part of the work conducted by courts during the vacation. He reiterated that the decision to continue full criminal trials during the legal vacation marked a departure from traditional practices, stating, "It is novel.
We’ve not done that." The Abdul-Hamid case is among several high-profile criminal matters scheduled to continue during the legal vacation. This decision coincides with a broader discussion surrounding the scope and intent of the legal vacation, prompted by the Ghana Bar Association's recent appeal to Chief Justice Paul Baffoe-Bonnie for judges to adhere to established practices during this period.
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