AG cannot represent Chief Justice in vacation trial case — Frank Davies insists

Frank Davies, the lawyer representing MP Kojo Oppong Nkrumah, insists that the Attorney General should not be representing Chief Justice Paul Baffoe-Bonnie in a legal dispute. The controversy stems from the Chief Justice's decision to issue administrative warrants permitting certain High Court judges to continue presiding over criminal trials during a mandated legal vacation, which spans from August 1 to September 30.

Davies argues that the Chief Justice, being a central figure in the judiciary, warrants separate legal representation due to his position as a defendant in the lawsuit. He emphasizes that the Attorney General, being a part of the executive branch, could potentially compromise the principle of separation of powers by representing the judiciary.

The case is centered on the Chief Justice's decision to allow specific criminal cases to proceed during the legal vacation, which Davies contends infringes upon the constitutional rights of defendants to fair representation and choice of counsel. Oppong Nkrumah's legal team argues that the affected lawyers informed the courts of their inability to participate in proceedings during the vacation.

The court initially dismissed the challenge to the Attorney General's representation. However, Davies plans to consider the court's decision and concentrate on the broader constitutional issues raised. The Supreme Court has postponed its ruling until Friday, August 21, 2026. This lawsuit, filed by Oppong Nkrumah, seeks to ascertain the constitutionality of the Chief Justice's administrative warrants and the legality of continuing criminal trials during the legal vacation.

The decision may have significant ramifications for the administration of justice within Ghana's judiciary and the balance of power among the country's branches of government.