Ghana Supreme Court to rule on criminal trials during legal vacation

On August 21, the Ghana Supreme Court will decide whether to restrain Chief Justice Paul Baffoe-Bonnie from permitting selected judges to conduct criminal trials during legal vacation. Mr. Vincent Kojo Oppong-Nkrumah, Member of Parliament for Ofoase Ayirebi, has filed an application contesting this directive. He argues that it infringes upon the rights of defendants to fair representation and the right to counsel.

According to his counsel, Mr. Frank Davis, the concern is not with individual trials but with the prosecution continuing during the legal vacation. The Supreme Court traditionally holds sessions during legal vacations for motions and applications, whereas trials are not customary in this period. Mr. Davis posits that any harm caused could be quantified and compensated through damages, but the potential harm to the applicant is incalculable.

Deputy Attorney-General Dr. Srem-Sai advised dismissing the application, citing three factors for consideration: the balance of convenience, the applicant's conflation of the Chief Justice's administrative authority with individual judges' discretion, and the fact that the applicant is not a party to the cases. The Supreme Court has been informed that certain judges plan to sit on criminal cases during the legal vacation, having received warrants from the Chief Justice.