Supreme Court to rule on injunction against legal vacation sittings on August 21

The Supreme Court will on Friday, August 21, 2026, rule on an application by Ofoase Ayirebi MP Kojo Oppong Nkrumah seeking to suspend High Court trials during the legal vacation.

Justice Gabriel Pwamang adjourned the case for ruling on Thursday, August 20, after hearing arguments from both sides.

Oppong Nkrumah, represented by Frank Davies, is seeking an interlocutory injunction against a warrant issued by the Chief Justice permitting the High Court to conduct trials from August 1 to September 30, the period designated as the legal vacation for judicial practitioners.

His counsel argued that the warrant goes beyond the administrative discretion granted under Article 296 of the 1992 Constitution by allowing court proceedings to continue beyond what he described as traditional urgent matters.

Frank Davies further argued that allowing the proceedings to continue while the constitutional challenge is pending could prejudice accused persons whose lawyers may be unavailable during the legal vacation.

He said this could cause irreparable harm and potentially render the substantive case ineffective.

Opposing the application, Deputy Attorney General, Dr Justice Srem-Sai, argued that Oppong Nkrumah had failed to demonstrate any personal injury, irreparable harm or exceptional circumstances that would justify overriding the public interest.

He maintained that the Chief Justice’s warrant was an administrative instrument and should be distinguished from individual judicial decisions made by trial judges.

According to him, any challenge to specific decisions by trial judges should be pursued through judicial review rather than the Supreme Court’s original jurisdiction.

Dr Srem-Sai also disputed the existence of any established rule that prohibits the High Court from conducting trials during the legal vacation.

The Supreme Court is expected to deliver its ruling on the application on Friday.