Hanan Wahab and Adu-Boahene’s lawyers petition CJ over vacation trials
Defence Lawyers Challenge Vacation Hearings
Lawyers representing Abdul-Hanan Wahab and former National Signals Bureau Director-General Kwabena Adu-Boahene have separately petitioned the Chief Justice, objecting to the decision to allow their criminal trials to proceed during the judicial legal vacation.
The defence teams argue that scheduling the cases during the vacation period is inconsistent with established judicial practice and the rules governing the sittings of the Superior Courts.
Separate Petitions Filed
The legal teams are led by former Attorney-General Godfred Yeboah Dame for Abdul-Hanan Wahab and Samuel Atta Akyea for Kwabena Adu-Boahene.
In separate letters dated August 5, both lawyers informed the Chief Justice that they would not participate in any proceedings scheduled during the legal vacation, maintaining that the trials should instead be heard during the regular court term.
Wahab’s Defence Questions Trial Scheduling
In his letter, Mr Dame stated that the trial judge informed the parties at the previous court sitting that authorisation had been granted for the case to proceed during the vacation. According to him, the judge advised that any objections to the decision should be directed to the Chief Justice. Mr. Dame argued that Abdul-Hanan Wahab’s trial had not commenced before the legal vacation began and therefore should not have been listed for hearing during the recess. He maintained that the decision departs from the long-standing practice under which High Court matters are generally heard during the normal legal term, except under limited and exceptional circumstances.
Adu-Boahene’s Lawyer Raises Similar Objections
Samuel Atta Akyea, counsel for Kwabena Adu-Boahene, also opposed the decision to hear the case during the judicial vacation. He argued that there were no exceptional circumstances to justify commencing the criminal trial during the court recess, insisting that proceedings should be deferred until the courts resume their regular sittings.
Defence Teams Boycott Vacation Proceedings
Both legal teams have formally notified the Chief Justice that they will not attend hearings scheduled during the legal vacation. Their position is based on the view that criminal trials which have not already begun should not ordinarily be initiated during the judicial recess.
Attention Turns to the Chief Justice
The petitions introduce a fresh procedural challenge in the two high-profile criminal cases. Focus now shifts to whether the Chief Justice or the respective trial courts will respond to the defence objections and determine whether the cases should continue during the legal vacation or be deferred until the next regular court session.
