The Supreme Court is expected to rule today, Friday, August 21, on an application filed by Ofoase-Ayirebi Member of Parliament, Kojo Oppong Nkrumah, seeking to suspend the conduct of certain High Court trials during the ongoing legal vacation.
The case centres on the extent of the Chief Justice’s discretionary powers and whether those powers must be exercised within the limits set by the 1992 Constitution.
Mr Oppong Nkrumah, represented by private legal practitioner Frank Davies, is asking the apex court to grant an interlocutory injunction to suspend a warrant issued by the Chief Justice.
The warrant allows selected High Court judges to continue hearing cases during the legal vacation, which runs from August 1 to September 30, 2026.
The applicant wants the Supreme Court to maintain the status quo while it considers the broader constitutional issues raised by the Chief Justice’s decision.
At the heart of the case is Article 296 of the 1992 Constitution, which sets out the principles public officials and institutions must follow when exercising discretionary powers granted by law.
Mr Oppong Nkrumah argues that although the Chief Justice has discretion in matters concerning the administration of justice, that power is not absolute.
The legal challenge therefore raises wider questions about the limits of administrative discretion within Ghana’s judicial system, particularly when decisions on court administration affect ongoing trials.
The Supreme Court’s decision could provide further guidance on how discretionary powers exercised by public officials should be balanced against constitutional requirements.
The ruling is also expected to determine whether the Chief Justice’s warrant should remain in force while the substantive case is heard or whether its implementation should be temporarily suspended pending the final determination of the constitutional challenge.
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