Former Chief Executive Officer of the National Food and Buffer Stock Company (NAFCO), Hanan Abdul-Wahab, has explained the absence of his lead counsel, former Attorney-General Godfred Yeboah Dame, from proceedings at the Accra High Court.
Mr Abdul-Wahab appeared before the specialised court on Wednesday, August 12, accompanied by his wife, Faiza, but his legal team, led by Mr Dame, was absent.
Explaining his lawyer’s absence, Mr Abdul-Wahab told the court that Mr Dame was unwell and receiving medical attention.
“My lawyer, Godfred Yeboah Dame, could not appear before the court today because he has fallen ill and is currently in and out of the hospital,” he said.
The development comes amid an ongoing dispute over the decision to hear the criminal case during the legal vacation, which runs from August 1 to September 30.
Mr Dame had earlier written to Chief Justice Paul Baffoe-Bonnie objecting to the decision to proceed with the trial during the vacation.
He argued that the trial had not commenced before the recess and that there were no exceptional circumstances to justify hearing it during the period.
In a letter dated August 5, Mr Dame informed the Chief Justice that he would not participate in proceedings scheduled during the legal vacation, maintaining that commencing the trial during the period departed from established judicial practice.
The legal team for former National Signals Bureau Director-General Kwabena Adu-Boahene, led by Samuel Atta Akyea, has similarly objected to proceedings continuing during the vacation.
The objections have fuelled a wider debate within Ghana’s legal community over whether substantive criminal trials should proceed during the legal vacation and whether lawyers who have indicated their unavailability can be compelled to appear.
The Ghana Bar Association has urged the Chief Justice to ensure that established practices governing the legal vacation are respected.
Deputy Attorney-General Dr Justice Srem-Sai, however, has argued that lawyers cannot unilaterally determine whether court proceedings should continue during the vacation.
