The Supreme Court has dismissed an injunction application filed by Ofoase‑Ayirebi MP Kojo Oppong Nkrumah, which sought to halt proceedings pending a final ruling on the constitutionality of a warrant authorizing selected High Court judges to conduct criminal trials during the legal vacation.
The application, argued by private legal practitioner Frank Davies, questioned the scope of the Chief Justice’s discretionary powers and whether such authority must be exercised strictly in line with the 1992 Constitution. Oppong Nkrumah had requested an interlocutory injunction to suspend the warrant’s operation, which permits criminal trials to continue between August 1 and September 30, 2026.
His legal team maintained that suspending the warrant was necessary to preserve the status quo while the broader constitutional issues are resolved. At the heart of the substantive case is the interpretation of Article 296 of the 1992 Constitution, which outlines the principles governing the exercise of discretionary powers by public officials and institutions.
Mr Oppong Nkrumah argues that although the Chief Justice has the authority to exercise discretion in matters relating to the administration of justice, that discretion is not unfettered and must be exercised in accordance with constitutional requirements.
The legal challenge raises broader questions about the limits of administrative discretion within Ghana’s judicial system, particularly where decisions concerning the management of court proceedings affect ongoing criminal trials.
Although the Supreme Court has dismissed the injunction application, the substantive constitutional challenge remains before the court.
Source: Hanson Agyemang
