Member of Parliament for Ofoase-Ayirebi, Kojo Oppong Nkrumah, has filed a legal action at the Supreme Court challenging the Chief Justice’s decision to allow selected criminal cases to be heard during Ghana’s legal vacation.
The former Minister for Information has invoked the original jurisdiction of the Supreme Court, asking the court to determine whether directives issued by the Chief Justice authorising judges to sit during the legal vacation are consistent with the 1992 Constitution.
In his writ, Mr Oppong Nkrumah is seeking declarations that the warrants allowing judges to hear certain criminal cases during the legal vacation are unconstitutional, null and void.
He argues that the decision is inconsistent with Articles 17(1) and (2), 23, and 296(a) and (b) of the 1992 Constitution. According to the MP, giving priority to selected “special criminal cases” while other criminal matters are not treated in the same way could amount to selective justice and unequal treatment under the law.
Oppong Nkrumah Raises Health Concerns
Kojo Oppong Nkrumah is also challenging the legal vacation directives on health and working conditions grounds.
He argues that requiring members of the Bar and Judicial Service to participate in court proceedings during the legal vacation could affect their constitutional right to health. He therefore contends that the decision is inconsistent with Articles 24(1) and (2) and 36(10) of the Constitution.
The Ofoase-Ayirebi MP is further asking the Supreme Court to examine Order 79 Rules 1(1) and 2 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47).
He wants the court to declare the provisions unconstitutional to the extent that they permit the Chief Justice to select cases for hearing during legal vacations in a manner similar to ordinary court sittings.
Supreme Court Asked to Rule on Legal Vacation Sittings
Mr Oppong Nkrumah is also asking the Supreme Court to issue any additional orders or directions it considers necessary to give effect to the declarations being sought.
The suit names the Chief Justice of Ghana and the Attorney-General as defendants.
The Ofoase-Ayirebi MP says he has brought the action in his capacity as a Ghanaian citizen, Member of Parliament and lawyer.
The defendants have been directed to file their statements of case within 14 days after being served with the plaintiff’s statement of case.
Mr Oppong Nkrumah Writ Below:
Source: newsthemegh.com