AG cannot represent Chief Justice in vacation trial case — Frank Davies questions AG’s role

Frank Davies, the lawyer for Ofoase-Ayirebi MP Kojo Oppong Nkrumah, has argued that the Attorney General should not represent Chief Justice Paul Baffoe-Bonnie in a case challenging administrative warrants directing High Court judges to continue hearing criminal trials during the legal vacation. Davies contends that the Chief Justice, as head of an independent organ of the state, should have separate legal representation due to the constitutional principle of separation of powers.

This argument was initially rejected by the court, but Davies' team intends to follow the decision and focus on the constitutional issues raised. The central issue in the suit is the Chief Justice's decision to issue administrative warrants allowing selected High Court judges to hear criminal cases during the legal vacation, which runs from August 1 to September 30.

Davies emphasizes that the continued trials may infringe on the constitutional right to a fair trial and choice of lawyers for the accused. The lawyers representing the accused have informed the courts that they cannot attend proceedings during the vacation. Davies points out that the usual practice is for trials to proceed during the vacation if lawyers and judges agree, and a Chief Justice's warrant is obtained.

He questions why only selected criminal cases are being heard during the vacation, while other cases before the same courts have not received similar priority. The Supreme Court has postponed its ruling on the matter to Friday, August 21, 2026.