Legal Vacation: Supreme Court Dismisses Oppong Nkrumah’s Injunction Application

The Supreme Court has dismissed an injunction application filed by Ofoase-Ayirebi MP Kojo Oppong Nkrumah seeking to suspend proceedings pending the final determination of a case challenging the constitutionality of a warrant issued to some High Court judges to conduct criminal trials during the legal vacation.

The application raised questions about the exercise of discretionary powers by the Chief Justice and the extent to which such powers must be exercised in accordance with the 1992 Constitution.

Mr Oppong Nkrumah, represented by private legal practitioner Frank Davies, had asked the apex court to grant an interlocutory injunction to suspend the operation of the warrant issued by the Chief Justice.

The warrant permits selected High Court judges to continue hearing criminal trials during the legal vacation, which runs from August 1 to September 30, 2026.

The applicant’s legal team sought to preserve the status quo while the broader constitutional questions surrounding the Chief Justice’s decision are considered and determined.

At the centre of the substantive case is the interpretation and application of Article 296 of the 1992 Constitution, which sets out principles that must guide public officials and institutions when exercising discretionary powers conferred on them by law.

Mr Oppong Nkrumah argues that although the Chief Justice has the authority to exercise discretion in matters relating to the administration of justice, that discretion is not unfettered and must be exercised in accordance with constitutional requirements.

The legal challenge raises broader questions about the limits of administrative discretion within Ghana’s judicial system, particularly where decisions concerning the management of court proceedings affect ongoing criminal trials.

Although the Supreme Court has dismissed the injunction application, the substantive constitutional challenge remains before the court.

Source: CNR

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