The High Court has adjourned the trial of Kwabena Adu-Boahene and his wife, Angela Adjei-Boateng, to August 25, pending the Supreme Court’s determination of an application seeking to stop the proceedings during the legal vacation.

The case was expected to continue before the vacation court but was adjourned after the judge ruled that he could not proceed while the application remained pending before the Supreme Court.

The application, filed by the Member of Parliament for Ofoase/Ayirebi, Kojo Oppong Nkrumah, is expected to be heard on August 20, 2026.

The development followed arguments between the defence and the prosecution over whether the High Court could continue with the trial while the application was pending before the apex court.

Counsel for the accused persons, Peter Osei-Asamoah, who was holding brief for lead counsel Samuel Atta Akyea, had initially asked the court to adjourn the case to the next legal term.

He told the court that Mr Akyea had prior professional engagements during the legal vacation, making it difficult for him to attend the proceedings and conduct cross-examination.

Mr Osei-Asamoah argued that the adjournment was necessary to ensure that the accused persons received adequate legal representation as guaranteed by the Constitution.

He also informed the court about the application filed at the Supreme Court seeking to restrain the High Court from continuing with the trial during the vacation.

The Deputy Attorney General, Dr Justice Srem-Sai, opposed the request, arguing that the mere filing of an injunction application did not prevent the High Court from exercising its jurisdiction.

According to him, the High Court could only be prevented from continuing with the case if the Supreme Court had issued an order restraining the proceedings.

Dr Srem-Sai further argued that challenges to proceedings before a lower court are ordinarily pursued through judicial review processes, including certiorari and prohibition, and that such applications do not automatically stop proceedings.

Mr Osei-Asamoah, however, maintained that the defence was not claiming that the High Court had already been restrained by the Supreme Court.

He said the defence was only asking the court to wait for the Supreme Court’s decision because the application specifically sought to stop the High Court from continuing with the trial during the legal vacation.

He argued that with the application scheduled for August 20, it was reasonable for the High Court to defer the case until the Supreme Court had ruled on it.

In his ruling, the judge rejected the defence’s request to adjourn the case to the next legal term based on Mr Akyea’s professional commitments.

The judge noted that granting the request would push the case to October and defeat the purpose for which he had been assigned as a vacation judge.

He also noted that Mr Akyea practises with other lawyers who could potentially represent the accused persons in his absence.

On the pending injunction application, however, the judge agreed with the defence that the case should be put on hold until the Supreme Court determines the matter.

The judge noted that there are two positions in Ghanaian law on whether the mere filing of an injunction application can halt proceedings.

While one position holds that proceedings can continue until an actual injunction order is issued, the other requires a lower court to wait where a superior court is considering an application specifically seeking to restrain it from taking a particular action.

The judge adopted the latter position, holding that the application before the Supreme Court was specifically seeking to restrain the High Court from conducting proceedings during the legal vacation.

He therefore ruled that the trial could not continue until the Supreme Court had determined the application.

The case has consequently been adjourned to August 25, 2026, at 9:30 a.m., by which time the Supreme Court is expected to have determined the application.