Supreme Court gives High Courts green light to conduct criminal trials during legal vacation

The Supreme Court has ruled in favor of High Courts, lifting a restraining order that would have prevented them from conducting criminal trials during the legal vacation period. Justice Gabriel Scott Pwamang, hearing the case alone, dismissed the applicant's claim, stating they had failed to make a proper case for the injunction.

The Court of Appeals member who filed the application, Kojo Oppong Nkrumah, argued that the directive was discriminatory, but the Court dismissed this notion, noting that the warrant clearly stated that judges were to handle all pending cases. The Court emphasized that the Chief Justice's decision to issue the warrants was not influenced by the ethnicity, gender, or religion of the accused or their witnesses.

The Court also pointed out that judges return to their regular duties upon the resumption of the legal year, and that lawyers, as independent service providers, could plan their leave at any time within the year. The Court found no precedent against the Chief Justice issuing such warrants, and concluded that these measures were aimed at expediting the resolution of criminal cases during the otherwise slower legal vacation period.

The Court concluded that it was not in the best interest of administering justice to grant the injunction sought by the applicant.