Lead counsel Samuel Atta Akyea, representing former National Signals Bureau Director-General Kwabena Adu-Boahene and two others, has protested the decision to continue hearing their criminal case during the legal vacation, describing it as unprecedented and discriminatory.
In a letter dated August 5, 2026, and addressed to the Chief Justice, Paul Baffoe-Bonnie, Atta Akyea, head of Chambers at Zoe, Akyea & Co., urged the Judicial Service to withdraw the directive and adjourn the case until the new legal term.
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He explained that the directive requires them to work during the legal vacation while other lawyers handling criminal and civil cases are on break.
"Regrettably, Your Lordship, we are unable to attend the said sittings during the legal vacation as this direction will necessitate the lawyers of the accused persons in this matter to work beyond the legal year and during the legal vacation, while other lawyers rest,” portions of the letter available to GhanaWeb read.
According to the letter, the trial judge, Justice Francis Apangabuno Achibonga, acting as an additional High Court judge, scheduled the part-heard case for hearing on August 11, 12, and 13, 2026, following a directive to continue sitting during the legal vacation.
Atta Akyea argued that the decision creates unequal treatment because several other criminal and civil cases have been adjourned to October and November to allow judges and lawyers to observe the legal vacation.
"With respect, this directive to continue with the part-heard trial risks exposing Your Lordship to claims of selective justice. Numerous other cases of repute, both criminal and civil, have been placed at a standstill by the legal vacation and adjourned to October and November 2026, to afford both judges and lawyers rest during the vacation,” the letter explained.
He further stated that the arrangement gives the impression that there are two different systems of criminal justice in the country.
"The people of Ghana in whom justice resides have arrived at the justifiable conclusion that there are now two criminal justice delivery systems: the track that has been set by your Lordship to hurry justice pertaining to some 'special criminal cases' programmed before specialised courts vis-à-vis the second track where criminal cases travel their normal course and never in an ambulance mode,” it added.
Atta Akyea said they consider the development unprecedented and believe it undermines public confidence in the judiciary.
"We are compelled to bring to your attention these unprecedented criminal justice delivery arrangements as we consider the Judiciary as the last bastion of refuge in our constitutional democracy,” the letter read.
He has therefore appealed to the Chief Justice to reconsider the directive, withdraw the warrant authorising the sittings during the legal vacation, and allow the matter to continue during the regular court term.
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"We accordingly and respectfully pray that your directive be reconsidered, the warrant withdrawn and the hearing days vacated, with the matter adjourned to abide term-time in a manner consistent with the treatment afforded other pending cases,” the letter concluded.
Read a copy of the letter below:
MAG/BAI
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