Lawyers representing Abdul-Hanan Wahab and former National Signals Bureau Director-General Kwabena Adu-Boahene have written separately to the Chief Justice protesting the decision to allow their criminal trials to proceed during the judicial legal vacation.
The two legal teams, led by former Attorney-General Godfred Yeboah Dame for Abdul-Hanan Wahab and Samuel Atta Akyea for Kwabena Adu-Boahene, contend that commencing the trials during the vacation is inconsistent with long-standing judicial practice and the rules governing the sittings of the Superior Courts.
In their respective letters dated August 5, the lawyers informed the Chief Justice that they would not participate in proceedings scheduled during the legal vacation.
In a letter on behalf of Abdul-Hanan Wahab, Mr Dame said the trial judge informed the parties at the previous sitting that he had received authorisation to hear the case during the vacation and advised that any concerns should be directed to the Chief Justice.
The letter argues that the trial had not yet commenced before the vacation and therefore should not be listed for hearing during the period.
According to the defence, the decision departs from established practice under which High Court business is ordinarily conducted during the regular legal term, except in limited circumstances.
Similarly, Samuel Atta Akyea, acting for Kwabena Adu-Boahene, objected to the vacation hearing, arguing that there were no exceptional circumstances warranting the matter being heard during the judicial recess.
The lawyers contend that criminal trials that have not commenced should not ordinarily be initiated during the legal vacation and insist that the scheduled hearings should instead take place when the courts resume their regular sittings.
Both legal teams have consequently notified the Chief Justice that they will not attend proceedings scheduled during the vacation.
The development introduces a fresh procedural challenge in the two high-profile criminal cases, with attention now turning to whether the Chief Justice or the trial courts will respond to the objections raised by the defence.
