The Supreme Court has postponed to Friday, August 21, its decision on a case questioning the constitutionality of administrative warrants issued by Chief Justice Paul Baffoe‑Bonnie authorizing selected High Court judges to sit during the legal vacation.
The suit, brought by Ofoase‑Ayirebi MP Kojo Oppong Nkrumah, contests the move to continue hearing certain criminal matters during the vacation period.
After Thursday’s proceedings, Oppong Nkrumah’s counsel, Frank Davies, reiterated that the Attorney General should not be representing the Chief Justice in the matter. The court had earlier dismissed that objection.
Davies argued that since the Chief Justice was directly named as a defendant, he should have distinct legal representation. He warned that permitting the Attorney General — part of the Executive — to represent the head of the Judiciary undermines the constitutional doctrine of separation of powers.
“The Chief Justice heads an independent organ of the state, the judiciary. We have the judiciary, the legislature, and the executive. They are supposed to be independent organs of the state.”
He added that the legal team would abide by the court’s ruling and concentrate on the substantive constitutional issues.
Central to the case is the claim that continuing criminal trials during the legal vacation infringes on accused persons’ constitutional right to fair trial and representation by lawyers of their choice.
Davies clarified that his client is not seeking to halt the trials altogether. “We are not saying that they should not be tried. What we are saying is that the continued trial of the cases in the legal vacation offends their right to fair representation and lawyers of their own choice.”
He noted that defense lawyers had informed the courts they were unable to attend proceedings during the vacation. Traditionally, trials in vacation proceed only when lawyers consent and the presiding judge secures a warrant from the Chief Justice.
Davies contended that the current cases differ because the lawyers had not agreed to continue. He also questioned why only specific criminal cases were being heard while other matters before the same courts were not similarly advanced.
“If it is the case that there can be trials during the vacation, why is it that it is only those selected cases which are being tried?”
The Supreme Court is expected to deliver its ruling on the constitutional challenge on Friday, August 21.
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