Accra High Court: Godfred Dame Criticises Hanan Abdul-Wahab Case Decision

• The Accra High Court has decided to hear proceedings in the Hanan Abdul-Wahab case during the judicial vacation.
• Former Attorney General Godfred Yeboah Dame has criticized this decision, arguing that it goes against long-standing judicial practice.
• Defence lawyers have challenged the Chief Justice's directive allowing selected criminal trials to proceed during the judiciary's legal vacation.

It cannot be that there can be one set of rules for one set of people and another set of rules for a different set of people.

The Accra High Court has made headlines with its decision to hear proceedings in the Hanan Abdul-Wahab case during the judicial vacation, a move that has sparked controversy and criticism from legal experts. Former Attorney General Godfred Yeboah Dame, who is representing Hanan Abdul-Wahab Aludiba, has come out strongly against this decision, arguing that it goes against long-standing judicial practice. According to Mr. Dame, there was no emergency or urgent matter that required the court's attention during the vacation period. He pointed out that in the past, courts have only sat during the vacation for exceptional cases involving election-related matters, such as the 2012 case involving the Electoral Commission. In this instance, however, Mr. Dame believes that the court's decision was unjustified and has created unnecessary controversy.

The Chief Justice's directive allowing selected criminal trials to proceed during the judiciary's legal vacation has been challenged by defence lawyers, who argue that it departs from established court practice and is inconsistent with the Constitution. The lawyers contend that High Court judges permitted to sit during the vacation are traditionally expected to handle only urgent election-related matters or other exceptional cases. They also point out that applications for a stay of proceedings are neither unusual nor unprecedented, citing previous cases involving the National Communications Authority. In this context, Mr. Dame's criticism of the Accra High Court's decision takes on added significance, as it highlights the potential implications for clients' cases if they are scheduled to proceed during the judicial vacation.

The controversy surrounding the Hanan Abdul-Wahab case has significant implications for lawyers and their clients. As Mr. Dame pointed out, the decision to schedule hearings during the legal vacation without consulting the parties involved is inappropriate and may create unnecessary controversy. Lawyers should be aware of the potential implications for their clients' cases if they are scheduled to proceed during the judicial vacation, and may need to petition the courts or challenge the Chief Justice's directive in order to protect their clients' rights. In this context, Mr. Dame's criticism serves as a reminder of the importance of upholding established conventions and ensuring fairness in the administration of justice.

Lawyers should be aware of the potential implications for their clients' cases if they are scheduled to proceed during the judicial vacation, and may need to petition the courts or challenge the Chief Justice's directive in order to protect their clients' rights.

Source: Original reporting via Ghanaian news outlet