The Accra High Court has rejected a request by lawyers for some of the accused persons in the GH¢291 million National Petroleum Authority (NPA) case to adjourn proceedings pending a determination by the Chief Justice on a petition seeking to suspend substantive trials during the legal vacation.

Lawyers for the 4th, 5th, 7th and 8th accused had written to the court seeking an adjournment, citing prior commitments during the legal vacation and the absence of some members of the defence team who had travelled outside the country.

The court, however, declined the request and proceeded with the case involving former NPA Chief Executive Officer, Dr Mustapha Abdul-Hamid, and seven others.

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Speaking after the proceedings, Joseph Kpemka, counsel for Dr Abdul-Hamid, said the defence was aware that the judge was bound by the directive governing the legal vacation and would have to proceed with the case.

“If the court decides that we should come to court and we say we will not be in court, whatever decision they take will affect our clients,” he said.

Kpemka said the lawyers had petitioned the Chief Justice because they had made plans for the legal vacation, including medical appointments and programmes outside the country.

“Some have medical commitments. Some have programmes outside the country and elsewhere, and so to be able to invoke those plans that you had suddenly, when some are here, it becomes difficult,” he explained.

He said the defence team would follow up with the office of the Chief Justice to determine the outcome of their petition.

“We intend to follow up with the office of the Honourable Chief Justice to find out exactly what the decision is, whether or not our petition is receiving a positive outcome or a negative outcome. They need to be able to help us know how to plan ourselves for the holidays,” he said.

According to Kpemka, the defence would respect the court’s decision regardless of the outcome of the petition.

“If it is rejected, we have other rights that we can exercise. Nothing is filled out. But we believe that since we exercised this discretion, by granting us an opportunity to the petition that we have actually written and asking that the case be adjourned, when we come back, we are ready anytime for the trial,” he stated.

He, however, questioned the decision to conduct substantive trials during the legal vacation, arguing that the practice was unusual.

“For me, we are very much worried, but we just went wrong. Article 296 gives him the discretion to take certain decisions, including weekends and holidays,” Kpemka said.

He explained that, traditionally, courts go on vacation at the end of July and resume substantive trials in October, with selected judges sitting during the vacation mainly to hear motions and urgent applications.

“The convention has been that we go on vacation at the end of July and come back in October for substantive trials. But a few judges are selected to sit to hear motions and urgent applications only,” he said.

Kpemka further questioned why substantive cases were being prioritised during the vacation when several other cases had remained pending for years.

“What is happening now, with all respect, is novel, especially when you realise that the cases that are pending in these two courts are all of a political nature,” he argued.

He added: “We have so many cases, some of them 10 years, 15 years, 20 years, very serious cases, civil litigation, criminal litigation, so many important cases that have been on the shelves for years.”

He therefore urged the Chief Justice to reconsider the decision to allow the defence teams to return after the legal vacation.

“So, we are saying that in the circumstances that we have now, the Honourable Chief Justice should review his decision and allow us to come back in two months. But if he declines, we have to comply,” Kpemka said.

Dr Abdul-Hamid and the other accused persons are facing charges in connection with alleged financial crimes involving the NPA.

The prosecution, led by the Office of the Special Prosecutor, alleges that the accused persons were involved in activities resulting in the unlawful collection and use of funds running into hundreds of millions of Ghana cedis.

NA/VPO

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