The Supreme Court will on Friday, August 21, 2026, rule on an injunction application filed by Ofoase-Ayirebi Member of Parliament, Kojo Oppong Nkrumah, over criminal trials being heard during the legal vacation.
Mr Oppong Nkrumah is asking the court to stop selected High Court judges from conducting trials under warrants issued by the Chief Justice for the vacation period.
The application has raised questions about how criminal cases are selected for hearing when the courts are on their annual legal vacation.
Justice Gabriel Pwamang, sitting as a single judge of the Supreme Court, fixed Friday for the ruling after hearing arguments from both sides.
Mr Oppong Nkrumah’s legal team is led by Frank Davies. Deputy Attorney-General Dr Justice Srem-Sai represented the Chief Justice and the Attorney-General.
At the centre of the case is the decision to allow some criminal matters to proceed during the legal vacation while other cases remain on hold.
Mr Oppong Nkrumah argues that the arrangement could result in unequal treatment of accused persons whose cases are not included in the vacation sittings.
He has described the situation as “selective justice” and is asking the Supreme Court to determine whether the Chief Justice’s warrants are consistent with the 1992 Constitution.
The MP has, however, acknowledged the Chief Justice’s administrative role in managing the Judiciary.
“The Plaintiff readily acknowledges that the office of the Chief Justice occupies a unique constitutional position as the head of the Judiciary and is entrusted with broad administrative responsibilities for the effective and efficient functioning of the courts,” his statement of case says.
He argues that such powers must still be exercised within the limits of the Constitution.
“It is a cardinal principle of Ghana’s constitutional order that every constitutional power, however extensive, is subject to the supremacy of the Constitution,” he stated.
The legal dispute has already affected some ongoing criminal cases.
The trial involving former National Signals Bureau Director-General Kwabena Adu-Boahene and his wife, Angela Adjei-Boateng, was adjourned pending the Supreme Court’s decision on the application.
The case has been rescheduled for August 25, 2026.
The proceedings involving former National Food Buffer Stock Company Chief Executive Hanan Abdul-Wahab Aludiba and his wife, Faiza Seidu Wuni, have also been affected by the dispute.
The Supreme Court’s ruling could therefore have a direct impact on criminal cases currently scheduled to continue during the legal vacation.
For Mr Oppong Nkrumah, the broader issue is whether the Judiciary can select specific criminal cases for hearing during the vacation without creating unequal treatment among accused persons.
The ruling on Friday could provide important guidance on the use of vacation sittings and the limits of administrative powers within Ghana’s Judiciary.
