Kojo Oppong Nkrumah Returns to Supreme Court Over Legal Vacation Criminal Trials

by Mawuli
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The Member of Parliament for Ofoase-Ayirebi, Kojo Oppong Nkrumah, has returned to the Supreme Court of Ghana seeking to overturn a ruling that dismissed his earlier application for an interlocutory injunction against the conduct of selected criminal trials during the ongoing legal vacation.

Justice Gabriel Scott Pwamang, sitting as a single Justice of the Supreme Court, dismissed the initial injunction application on August 21, 2026.

Oppong Nkrumah has now filed an application before a three-member panel of the Supreme Court, asking the panel to reverse Justice Pwamang’s decision and grant the interim injunction he originally sought.

Oppong Nkrumah Challenges Supreme Court Ruling

The latest application forms part of the Ofoase-Ayirebi MP’s broader constitutional lawsuit challenging administrative directives issued by the Chief Justice.

The directives allow selected High Court judges to sit and conduct criminal trials during Ghana’s legal vacation, which runs from August 1 to September 30, 2026.

Oppong Nkrumah argues that several legal and constitutional issues were not properly addressed in the earlier ruling and is asking the three-member panel to reconsider the matter.

Attorney-General’s Role Questioned

One of the major issues raised in the application concerns whether the Attorney-General can legally represent the Chief Justice when the Chief Justice’s administrative decisions are themselves being challenged under Articles 23 and 296 of the 1992 Constitution.

The MP maintains that Justice Pwamang erred when he dismissed his preliminary objection regarding the Attorney-General’s representation.

Oppong Nkrumah also contends that the Chief Justice’s failure to respond to his affidavit and deny key assertions contained in his statement of case should have been considered when the application for an injunction was being determined.

MP Accuses Court of Going Beyond Interlocutory Issues

The NPP legislator further argues that the single Justice went beyond the appropriate scope of an interlocutory application.

According to Oppong Nkrumah, although Justice Pwamang acknowledged that the substantive constitutional questions were not supposed to be determined at the interlocutory stage, the ruling allegedly made definitive observations that could influence issues reserved for determination by the full bench.

He is therefore urging the three-member Supreme Court panel to review the legal reasoning used in dismissing his earlier application.

Public Interest at Centre of Legal Challenge

Oppong Nkrumah also says the Court did not sufficiently consider the public interest implications of allowing the disputed arrangements to remain in effect.

He argues that significant constitutional questions are still pending before the Supreme Court and that allowing the affected criminal proceedings to continue could undermine the effectiveness of the substantive legal challenge.

The MP further points to the time-sensitive nature of the warrants, arguing that interim relief has become necessary because the legal vacation is already underway.

What Oppong Nkrumah Wants the Supreme Court to Do

The Ofoase-Ayirebi MP maintains that the balance of convenience favours temporarily suspending the implementation of the disputed warrants rather than allowing the affected criminal trials to proceed before the substantive case is finally determined.

He is therefore asking the three-member panel of the Supreme Court to issue an interlocutory injunction restraining the Chief Justice and the designated High Court judges from implementing, enforcing or giving effect to the warrants.

The warrants direct selected High Court judges to sit during the legal vacation and conduct criminal trials.

The latest application is expected to add to the ongoing legal debate over the powers of the Chief Justice, judicial administration, constitutional rights and the conduct of court proceedings during Ghana’s legal vacation.

Source: newsthemegh.com

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