Dame, Atta Akyea protest vacation hearing of Hanan, Adu-Boahene trials
Former Attorney-General Godfred Yeboah Dame, who represents Abdul-Hanan Wahab, and former Akyem Abuakwa South MP Samuel Atta Akyea, who represents Kwabena Adu-Boahene, argue that the scheduled hearings depart from long-standing judicial practice.
The planned hearing of two high-profile criminal trials during the judicial legal vacation has drawn objections from lawyers for Abdul-Hanan Wahab and former National Signals Bureau Director-General Kwabena Adu-Boahene.
The two defence teams have written separately to the Chief Justice, challenging the decision to allow the cases to proceed during the court’s vacation period.
Former Attorney-General Godfred Yeboah Dame, who represents Abdul-Hanan Wahab, and former Akyem Abuakwa South MP Samuel Atta Akyea, who represents Kwabena Adu-Boahene, argue that the scheduled hearings depart from long-standing judicial practice.
In separate letters dated August 5, the lawyers said they would not take part in proceedings fixed for the legal vacation.
Their objection is that the trials had not properly commenced before the vacation and should therefore not be started during the recess.
In Mr Dame’s letter, he said the trial judge had informed the parties at the previous sitting that authorisation had been granted for the matter to be heard during the vacation.
According to the letter, the judge also indicated that any concerns about the arrangement should be addressed to the Chief Justice.
The defence, however, maintains that the authorisation is inconsistent with the ordinary practice of the Superior Courts.
Mr Dame argued that High Court business is generally conducted during the regular legal term, except in limited or exceptional situations.
He said Abdul-Hanan Wahab’s trial does not fall within circumstances that justify commencing a criminal trial during the vacation.
Mr Atta Akyea raised a similar objection on behalf of Mr Adu-Boahene.
He argued that no exceptional reason had been shown to justify hearing the former NSB Director-General’s case during the judicial recess.
The lawyers contend that criminal trials which have not already begun should ordinarily wait until the courts resume regular sittings.
They have therefore notified the Chief Justice that they will not attend the vacation sittings.
The objection creates another procedural issue in the two criminal cases, both of which have attracted major public attention.
It also places focus on whether the Chief Justice or the trial courts will respond to the defence position before the scheduled vacation hearings proceed.
