NEW YORK, NEW YORK - SEPTEMBER 19: Attorney-General & Minister for Justice, Republic of Ghana H.E. Godfred Yeboah Dame speaks onstage during the 2023 Concordia Annual Summit at Sheraton New York on September 19, 2023 in New York City. (Photo by Riccardo Savi/Getty Images for Concordia Summit)
A dispute over the judiciary’s decision to hear selected criminal cases during the legal vacation has deepened after former Attorney General Godfred Dame declared that he will not participate in proceedings scheduled for the period.
Dame, who is part of the legal team representing former National Food Buffer Stock Company (NAFCO) Chief Executive Officer Hanan Abdul-Hamid, says he does not recognise the basis for conducting the trial during the court recess and will therefore not make himself available for such hearings.
His position emerged after Monday’s court proceedings, where defence lawyers sought to halt the trial while an application already before the Court of Appeal is determined. The move forms part of a growing legal challenge to the handling of certain criminal cases during the vacation period.
The former Attorney General argues that vacation sittings have traditionally been reserved for exceptional matters requiring urgent judicial intervention. In his view, the prosecution of Hanan Abdul-Hamid does not fall into that category.
According to Dame, lawyers and litigants have historically not been compelled to proceed with full trials during the annual court break unless there was agreement among the parties involved or a pressing national interest at stake.
His comments come at a time when the broader issue of vacation sittings has become the subject of litigation. Several lawyers have questioned whether the selection of specific criminal cases for accelerated hearing complies with established legal practice and constitutional principles.
While the court did not grant the defence’s request for an immediate halt to proceedings, Dame indicated that related applications before higher courts could ultimately determine whether the trial continues during the vacation period.
The legal battle now extends beyond the allegations facing Abdul-Hamid. It has evolved into a wider debate about judicial discretion, the management of court schedules and the circumstances under which criminal trials should proceed during periods traditionally set aside for legal vacation.
For now, attention is shifting to the appellate courts, where pending applications could influence not only the Hanan case but also other prosecutions earmarked for hearing during the recess.
Source: myjoyonline.com

