Ghana Supreme Court: No Injunction Against High Court Vacation Trials

• The Ghana Supreme Court is set to rule on an application seeking to restrain High Court from conducting selected criminal trials during the legal vacation.
• Member of Parliament Kojo Oppong Nkrumah has challenged the constitutionality of administrative warrants issued by Chief Justice Gabriel Pwamang.
• The ruling could have far-reaching implications for the conduct of criminal trials and raise questions about the separation of powers in Ghana's Judiciary.

This challenge raises questions about the separation of powers in Ghana's Judiciary and the role of the Chief Justice as head of the independent organ of the state.

The Ghana Supreme Court is set to deliver a ruling that could have far-reaching implications for the conduct of criminal trials during the legal vacation. At the heart of the matter is an application by Member of Parliament Kojo Oppong Nkrumah, who has challenged the constitutionality of administrative warrants issued by Chief Justice Gabriel Pwamang. The warrants direct selected High Court judges to sit and conduct criminal proceedings during the vacation period. This challenge raises questions about the separation of powers in Ghana's Judiciary and the role of the Chief Justice as head of the independent organ of the state.

The Supreme Court, sitting as a sole judge with Justice Pwamang at its helm, heard arguments for and against granting an interlocutory injunction to restrain the High Court from conducting selected criminal trials during the vacation. The plaintiff-applicant, Mr Oppong Nkrumah, joined the Attorney-General as the second respondent in the suit, which seeks a determination on whether the Chief Justice's administrative warrants are constitutional. Counsel for the plaintiff-applicant, Mr Frank Davies, argued that allowing the Attorney-General to represent the head of the Judiciary raises concerns about the separation of powers. He relied on an affidavit filed on August 14, 2026, and a supplementary affidavit submitted on the morning of the hearing.

The outcome of this ruling has significant implications for lawyers and their clients. If the Supreme Court rules in favor of Mr Oppong Nkrumah, it could lead to changes in how criminal trials are conducted during the legal vacation. Lawyers should be prepared to advise their clients accordingly, taking into account the potential impact on the conduct of trials. The ruling also raises questions about the role of the Chief Justice and the separation of powers in Ghana's Judiciary.

Lawyers should watch for the potential implications of this ruling on the conduct of criminal trials during the legal vacation, and be prepared to advise clients accordingly.

Source: Original reporting via Ghanaian Times