Saturday, 08 August

Samuel Atta Akyea, Godfred Yeboah Dame write separate letters to Chief Justice to protest decision to allow Adu-Boahene and Hanan Abdul-Wahab trials to proceed during vacation

News
Hanan Abdul Wahab Aludiba

Lawyers for Hanan Abdul-Wahab and Kwabena Adu-Boahene have petitioned Chief Justice Paul Baffoe-Bonnie to reverse a decision allowing their clients’ criminal trials to proceed during the judiciary’s legal vacation.

The objection follows a ruling by Justice Francis Achibonga, who adjourned the separate cases to August 11 and 12 after receiving authorisation from the Chief Justice to sit during the vacation period.

In separate petitions, counsel for the accused, Godfred Yeboah Dame and Samuel Atta Akyea, contend that the directive departs from established court practice and is inconsistent with the Constitution.

They argue that judges granted permission to sit during the legal vacation are traditionally expected to deal only with applications and other interlocutory matters, not full criminal trials.

Godfred Dame maintains that vacation courts have historically been reserved for hearing motions, adding that even in civil proceedings, substantive trials are generally not conducted during the vacation unless all parties agree. He, therefore, describes the authorisation for Justice Achibonga to hear the criminal case without the consent of the parties as irregular and unsupported by law.

The defence lawyers also say the decision undermines their clients’ constitutional right to legal representation of their choice, arguing that members of their legal teams had already made long-standing professional and personal commitments during the court recess.

Samuel Atta Akyea, in his petition, said requiring counsel to appear during the vacation disrupts planned engagements and effectively extends the legal year for the defence team while other practitioners are on recess. He noted that his firm had worked throughout the legal year, from October 2025 to July 2026, representing clients across the country.

The lawyers further caution that selecting only a limited number of criminal cases for hearing during the vacation could create a perception of unequal treatment within the justice system.

According to Godfred Dame, choosing a handful of cases from the numerous criminal matters pending before the courts in the Greater Accra Region is without precedent and risks fuelling allegations of unfair or discriminatory treatment.

The lawyers are therefore urging the Chief Justice to review and withdraw the directive permitting the cases to be heard during the legal vacation.

Source: classfmonline.com/Zita Okwang