Supreme Court sets August 21 to rule on Oppong Nkrumah's quest to halt court sittings during vacation
Justice Gabriel Pwamang, sitting as a single judge, adjourned the case after lawyers for Kojo Oppong Nkrumah and the respondents presented their arguments on Thursday, August 20.
The Supreme Court has announced that it will issue a ruling on August 21 regarding an injunction application aimed at preventing specialized courts from sitting during legal vacations. This case was initiated by Kojo Oppong Nkrumah, MP for Ofoase Ayirebi, who filed a writ challenging the Chief Justice's decision to allow certain judges to hear criminal matters during the legal vacation. Oppong Nkrumah is requesting the court to declare Chief Justice's warrants as unconstitutional.
The case was adjourned on Thursday, August 20, after both the applicant's and respondents' lawyers presented their arguments. During the proceedings, the Counsel for Oppong Nkrumah, Frank Davies, objected to the Deputy Attorney General representing the Chief Justice, arguing that since the Chief Justice is a defendant in the matter, he should have his own representative.
However, Justice Srem-Sai disagreed and maintained that the Chief Justice should only get his own representation if there is a conflict between his position and that of the Attorney General. He also noted that the general principle is that the Attorney General represents public officials, and Frank Davies had not provided any exceptional case warranting an exception.
Oppong Nkrumah's lawyer argued that it is customary for the court to only hear urgent and non-contentious matters during legal vacations. He urged the Supreme Court to grant the injunction and restrain courts from sitting until the substantive matter is resolved, emphasizing that the harm caused to the accused cannot be quantified and affects their rights and liberties.
The Deputy Attorney General, Dr Justice Srem-Sai, opposed the injunction, stating that the applicant failed to meet the grounds for its grant, as there were no exceptional circumstances to justify the injunction. He argued that public interest outweighed the interference with the conduct of trials.
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