An application by Ofoase-Ayirebi Member of Parliament (MP), Kojo Oppong Nkrumah, seeking to halt selected criminal trials during the ongoing legal vacation has been dismissed by the Supreme Court.

The interlocutory injunction application was dismissed by Justice Gabriel Pwamang, sitting as a single judge of the Supreme Court, on Friday, August 21.

The Deputy Attorney-General, Dr Justice Srem-Sai, has also clarified that the applicant failed to meet the requirements for filing an interlocutory injunction. Dr Justice Srem-Sai said the application failed to distinguish between the Chief Justice’s administrative role and the judicial functions exercised by individual High Court judges.

He added that, in this case, an application for certiorari, rather than an invocation of the Supreme Court’s original jurisdiction, should have been filed if counsel was dissatisfied with a trial judge’s decision to proceed with the case.

The development allows the affected criminal trials to proceed despite the pending substantive case challenging the constitutionality of the Chief Justice’s administrative warrants.

Court proceedings are expected to continue despite the legal vacation, which runs from August 1 to September 30, according to a Chief Justice (CJ) Paul Baffoe-Bonnie directive.

Oppong Nkrumah, who is represented by private legal practitioner Frank Davies, is questioning the discretionary powers by the Chief Justice and the extent to which such powers must be exercised in accordance with the 1992 Constitution.

Oppong Nkrumah adds to the many voices that have challenged the Chief Justice’s order. Earlier, the Ghana Bar Association (GBA) in a letter addressed to the CJ counsel are not under any compulsion to appear before a vacation court. It added that the legal vacation is intended to give judges, lawyers and judicial staff a necessary break from the demanding court calendar.

“Counsels are not under any compulsion whatsoever to appear before a Vacation Court. Once Counsel in a matter indicates their unavailability to attend Court during the vacation, even though the Court may have listed their case, it cannot proceed with the case in any way if Counsel on either side or on both sides indicate their inability to proceed with the scheduled matter in Court during the vacation,” part of the letter read.

The first to object were counsel for former National Buffer Stock Company (NAFCO) Chief Executive Officer Hanan Abdul-Wahab, his wife, Faiza Seidu Wuni, and Kwabena Adu-Boahen.

According to a separate letter from the lawyers addressed to the Chief Justice, proceeding with the trial would hinder their clients' right to a fair defence.

The lawyers, including former Attorney General Godfred Yeboah Dame, representing Abdul-Wahab, and Samuel Atta Akyea, representing Adu-Boahen, have urged the Chief Justice to halt proceedings scheduled during the judiciary’s legal vacation.

Lawyer Dame, in the letter, indicated that “the warrant for Justice Achibonga to commence the hearing of the instant criminal matter, without the consent of the parties in the matter, is thus most irregular and contrary to law. There is no urgency to this matter as the accused persons were arraigned before the court only on 5th May 2026, after earlier charges were withdrawn by the Republic through no fault of the accused.

“Respectfully, we, of Messrs. Dame & Partners, having worked throughout the legal year and cooperated for the conduct of the instant criminal matter, are not in the position to attend court in the vacation for the conduct of the trial”.Samuel Atta Akyea, lawyer for Kwabena Adu-Boahen has stated that, the Chief Justice's directive will disrupt their personal schedules.

Part of the letter read, “these unprecedented criminal justice delivery arrangements as we consider the Judiciary as the last bastion of refuge in our constitutional democracy. We accordingly and respectfully pray that your directive be reconsidered, the warrant withdrawn and the hearing days vacated with the matter adjourned to abide term-time in a manner consistent with the treatment afforded other pending cases”

The letter added, “Indeed, your directive will throw into disarray all the private personal engagements and travel plans of the members of our law firm”.The defendants, who served during the New Patriotic Party (NPP) administration, are standing trial for causing financial loss to the state.