The Supreme Court has dismissed an interlocutory injunction application filed by Ofoase-Ayirebi Member of Parliament, Kojo Oppong Nkrumah, seeking to prevent selected High Court criminal trials from proceeding during Ghana’s ongoing legal vacation.
The decision means the High Court judges authorised by the Chief Justice to conduct selected criminal proceedings during the legal vacation can continue sitting while the substantive case challenging the arrangement remains before the Supreme Court.
Oppong Nkrumah’s legal challenge
Kojo Oppong Nkrumah had filed the application as part of a broader legal challenge against a warrant issued by the Chief Justice permitting certain High Court judges to hear selected criminal cases during the legal vacation.
The legal vacation runs from August 1 to September 30, 2026.
The Ofoase-Ayirebi MP is challenging the constitutional basis of the Chief Justice’s decision and had asked the Supreme Court to suspend the operation of the warrant until the substantive case is finally determined.
His application was heard by Justice Gabriel Pwamang, sitting as a single judge of the Supreme Court. Lawyers for both sides concluded their arguments on Thursday, August 20, paving the way for the ruling on Friday, August 21.
What the ruling means
With the injunction dismissed, the selected High Court cases designated to be heard during the legal vacation are not restrained by Oppong Nkrumah’s application.
The ruling also clears the way for proceedings in cases that had been temporarily affected by the pending Supreme Court application.
One notable case is the trial involving former National Signals Bureau Director-General Kwabena Adu-Boahene and his wife, Angela Adjei-Boateng. The High Court had previously adjourned proceedings to August 25 while awaiting the Supreme Court’s decision on the injunction application.
Substantive case still pending
The dismissal of the injunction does not, however, bring the broader constitutional challenge to an end.
Oppong Nkrumah’s substantive case questioning the validity of the Chief Justice’s warrant remains pending before the Supreme Court. His legal challenge is therefore separate from the interlocutory application that sought an immediate suspension of the vacation court arrangements.
The outcome of the substantive case could ultimately determine whether the legal framework underpinning the vacation court sittings is constitutional.
The Supreme Court’s latest decision therefore settles the immediate request to halt the selected trials, but the wider constitutional dispute remains unresolved.
Previous objection also dismissed
The development follows another ruling against Oppong Nkrumah on Thursday, when the Supreme Court dismissed his objection to Deputy Attorney General Dr Justice Srem-Sai representing the Chief Justice in the case.
Justice Pwamang overruled the objection, with the full reasons expected to form part of the court’s ruling on the injunction application.
The case has attracted significant attention because it touches on the powers of the Chief Justice, the operation of Ghana’s courts during legal vacation and the constitutional limits surrounding the administration of justice.
