Supreme Court to rule Friday on challenge to Chief Justice’s legal vacation directives
The Supreme Court has adjourned to Friday, August 21, to rule on a suit challenging the constitutionality of administrative warrants issued by Chief Justice Paul Baffoe-Bonnie directing selected High Court judges to sit during the legal vacation. The suit, filed by former Education Minister and Member of Parliament for Ofoase-Ayirebi, Kojo Oppong Nkrumah, challenges the decision to continue…
The Supreme Court has scheduled a ruling on August 21 to address a legal challenge to Chief Justice Paul Baffoe-Bonnie's directives concerning administrative warrants for High Court judges to attend criminal trials during the legal vacation. The case, initiated by Member of Parliament Kojo Oppong Nkrumah, questions the constitutionality of the Chief Justice's decision to permit selected criminal cases to proceed despite the annual break in judicial activities.
Frank Davies, the lawyer representing Nkrumah, contends that the Attorney General should not be the Chief Justice's legal representative due to the latter's substantive role in the dispute. He emphasizes the separation of powers principle, arguing that having the Attorney General, an executive branch official, represent the judiciary could raise concerns about the judiciary's independence.
Davies asserts that the constitutional rights of the accused, particularly the right to a fair trial and the choice of legal counsel, may be compromised if criminal proceedings continue during the vacation. His client has formally notified the court of the inability of the involved lawyers to participate due to the vacation schedule.
The longstanding judicial practice typically allows trials to continue only when lawyers involved consent and a judge secures a warrant from the Chief Justice. Davies questions why, in this case, only some criminal cases are being tried during the vacation while others remain unaffected. He also points out the inconsistency in prioritizing certain cases over others during this period.
The Supreme Court is anticipated to deliver its verdict on Friday, August 21, concluding the challenge to the Chief Justice's directives.
Written by urgent.news from MyJoyOnline Ghana's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.