‘My lawyer is ill and in and out of hospital’- Hanan explains Dame’s absence from court

Hanan Abdul-Wahab, the former CEO of the National Food and Buffer Stock Company (NAFCO), addressed the absence of his attorney, Godfred Yeboah Dame, at a recent court hearing in Accra. Mr Abdul-Wahab was present in court on Wednesday, August 12, alongside his wife, Faiza, but his legal team, which had Mr Dame leading, was notably absent.

To explain Mr Dame's absence, Mr Abdul-Wahab revealed that the attorney had fallen ill and was currently receiving treatment, frequently moving in and out of the hospital. This situation unfolded amidst a dispute regarding the decision to hold the criminal case trial during a legal vacation, which runs from August 1 to September 30.

Earlier, Mr Dame had written to the Chief Justice, Paul Baffoe-Bonnie, voicing his objection to the trial proceeding during the vacation. He contended that the trial had not begun prior to the recess and that there were no exceptional circumstances to warrant holding it during the period. In a letter dated August 5, Mr Dame emphasized his non-participation in the proceedings slated for the legal vacation, stating that initiating the trial during this time deviated from established judicial practices.

The legal team representing former National Signals Bureau Director-General Kwabena Adu-Boahene, led by Samuel Atta Akyea, also contested the continuation of proceedings during the vacation. These objections have sparked a broader conversation within Ghana’s legal community about the appropriateness of allowing substantive criminal trials to proceed during the legal vacation and whether lawyers who declare their unavailability can be compelled to appear.

The Ghana Bar Association has called upon the Chief Justice to uphold the customary practices surrounding the legal vacation. However, Deputy Attorney-General Dr Justice Srem-Sai argued that lawyers do not have the power to unilaterally decide whether court proceedings should continue during the vacation.