Specialised courts sitting during legal vacation novel – Joseph Kpempa

Joseph Kpempa, representing former National Petroleum Authority Chief Executive Officer, Dr Mustapha Abdul-Hamid, has labeled the decision to continue proceedings during the legal vacation as unprecedented. This decision was made by the Accra High Court which rejected a request from the defense teams to postpone the trial until October, when the legal vacation concludes.

The lawyers had sought to suspend proceedings due to personal commitments and the customary practice of courts throughout the vacation period. However, the court denied their request and mandated the trial to continue during the legal vacation. The judge stated that proceedings would persist unless Chief Justice Paul Baffoe-Bonnie annuls the warrant ordering selected high-profile criminal cases to proceed during the vacation.

The lawyer expressed surprise at the directive, noting that courts typically address urgent applications and interlocutory matters during the vacation, not substantive trials. He further explained that the Chief Justice has the discretion under the Courts Act to schedule courts to sit during weekends, holidays, and other periods when necessary, but this particular arrangement is distinct as two specialized courts have been tasked with conducting substantive criminal trials during the vacation.

"It is novel. We’ve not done that," Kpempa stated. He elaborated that there is often confusion between the work of vacation courts and substantive hearings. "During the holidays, judges do not normally deal with substantive hearings. It is only motions. The holiday judges sit to hear motions and urgent applications," he added. The lawyer argued that directing the specialized courts to continue with normal trial proceedings during the vacation represents a deviation from established practice.

"If you look at the two specialized courts, they are asked to do normal hearings that we do during the normal period that we are in court, as against the vacation," he noted. The decision implies that the trial involving Dr Abdul-Hamid and his co-accused will proceed despite the defense's request for an adjournment until October.

The former NPA boss and other accused individuals are charged with extortion and related offenses linked to allegations involving stakeholders in Ghana's petroleum sector. The Office of the Special Prosecutor alleges that Dr Abdul-Hamid and others unlawfully obtained funds from bulk oil transporters and oil marketing companies. The defendants deny the allegations and are challenging the charges.

The case is among numerous high-profile criminal matters designated to continue during the legal vacation.