HON. KOJO OPPONG NKRUMAH, MP vs. THE CHIEF JUSTICE OF THE REPUBLIC OF GHANA & THE ATTORNEY-GENERAL

PWAMANG JSC:

On 14th August, 2026, the plaintiff filed a writ in the Supreme Court and prayed for the following reliefs;

a. A declaration that the warrants of the Honourable Chief Justice directing some judges to sit and conduct criminal trials in selected cases during the legal vacation is inconsistent with the letter and spirit of Articles 17(1), (2), 23 and 296 (a) and (b) of the Constitution, 1992 and therefore unconstitutional, null and void;

b. A declaration that the action of the Honourable Chief Justice to promote and facilitate the hearing of "special criminal cases" in the legal vacation to the total neglect of other criminal cases [is] tantamount to selective justice which contravenes the letter and spirit of Article 17 (1) of the Constitution 1992 and therefore unconstitutional, null and void.

c. A declaration that the warrants of the Honourable Chief Justice directing some judges to sit and conduct criminal trials in selected cases during the legal vacation violate the right to health of members of the Bar and judicial service who have been affected by the directive and is inconsistent with Articles 24(1), (2) and 36(10) of the Constitution 1992 and therefore unconstitutional, null and void.

d. A declaration that Order 79 Rules 1 (1) and 2 of the High Court (Civil Procedure) Rules, 2004 (CI 47) to the extent that they allow the Honourable Chief Justice to select some cases for hearing during legal vacations in the same manner as ordinary court sittings, they are inconsistent with Articles 17 (1), (2), 23, 24(1), (2), 36(10) and 296 (a) and (b) and the Constitution, 1992 and therefore unconstitutional, null and void; and

e. Any other order(s) or directions that this Honourable Court may consider appropriate for giving effect to the declarations and orders so made.

The writ was followed by a motion on notice for interlocutory injunction praying the Court to restrain the Chief Justice and two Judges sitting in the Specialised Courts, whose warrants to sit during the legal vacation are the subject matter of this suit, from giving effect to the warrants. The applicant wants the two Judges to be ordered to desist from conducting hearings in the criminal cases that are pending in their courts until the determination of this suit by the Supreme Court or, I believe, until the period of the legal vacation ends.

The plaintiff's writ is accompanied with a statement of case. The plaintiff filed a statement of case in support of the application f