Lawyer Frank Davies, counsel for Ofoase Ayirebi Member of Parliament Kojo Oppong Nkrumah, has raised concerns over the decision to allow some High Court cases to continue during the legal vacation.
According to him, the practice could affect the constitutional right of accused persons to a fair trial, particularly where their lawyers are unable to appear in court during the vacation period.
Speaking to the media, Mr Davies argued that continuing trials during the legal vacation could leave some accused persons without proper legal representation. He said this could undermine their right to be represented by lawyers of their choice.
He explained that lawyers involved in the affected cases had informed the courts that they were unavailable because of the long-standing practice of suspending trials during the legal vacation.
Mr Davies said the usual arrangement is for trials to be conducted during the vacation only when the lawyers involved agree to proceed and the judge obtains the necessary authorisation from the Chief Justice.
He maintained that the concern was not about preventing the accused persons from being tried, but ensuring that their constitutional rights are protected throughout the process.
“The trials are conducted when both lawyers have agreed and indicated the position to the judges,” he explained.
According to the lawyer, the decision to continue the cases without taking into account the availability of counsel amounts to an infringement of the rights of the accused.
Mr Davies said the legal challenge involving Oppong Nkrumah was based on what he described as a continued violation of constitutional provisions and the principles underlying the country’s legal system.
He stressed that the application before the Supreme Court was not intended to delay proceedings or attract unnecessary attention, but to seek clarity and protection for constitutional rights.
The Supreme Court is expected to deliver its ruling on the application on Friday, August 21.
The decision is likely to have implications for how cases are handled during legal vacations and the extent of the Chief Justice’s administrative powers in such matters.
