The Supreme Court has dismissed an injunction application filed by Ofoase-Ayirebi MP Kojo Oppong Nkrumah to stop proceedings while the court considers his case challenging the constitutionality of a warrant allowing some High Court judges to conduct criminal trials during the legal vacation.
The application questioned how the Chief Justice uses discretionary powers and whether those powers must be exercised in line with the 1992 Constitution.
Mr Oppong Nkrumah, represented by private legal practitioner Frank Davies, asked the Supreme Court to suspend the warrant issued by the Chief Justice until the main case is finally determined.
The warrant allows selected High Court judges to continue hearing criminal cases during the legal vacation, which runs from August 1 to September 30, 2026.
His legal team argued that the injunction was necessary to maintain the current situation while the Supreme Court considers the wider constitutional issues raised in the case.
At the heart of the case is Article 296 of the 1992 Constitution. The provision sets out the principles that public officials and institutions must follow when exercising discretionary powers given to them by law.
Mr Oppong Nkrumah argues that while the Chief Justice has the power to make decisions concerning the administration of justice, that power is not unlimited. He says such discretion must be exercised in accordance with the requirements of the Constitution.
The case also raises wider questions about the limits of discretionary powers within Ghana’s judicial system, particularly when decisions about court proceedings have an impact on ongoing criminal trials.
Although the Supreme Court has dismissed the injunction application, the main constitutional case is still before the court and will be determined separately.
