Former Tamale Central MP and lawyer, Inusah Fuseini, has dismissed calls by lawyers Samuel Atta Akyea and former Attorney-General Godfred Yeboah Dame for trials to be suspended during the judiciary’s legal vacation, insisting that it is the exclusive prerogative of the Chief Justice to determine which cases are heard during the recess.
Speaking on Gold Morning Conversation, Mr Fuseini said neither Mr Atta Akyea nor Mr Dame has the authority to question the Chief Justice’s constitutional and administrative powers to issue warrants authorising judges to sit during the legal vacation.
His comments follow a letter reportedly addressed to the Chief Justice by the two lawyers on August 5, raising concerns over the continuation of court proceedings during the annual judicial recess.
According to Mr Fuseini, the administration of justice cannot be suspended simply because the courts are on vacation, noting that criminal offences continue to be committed, contracts are breached and arrests are made throughout the period.
He explained that the judiciary’s vacation system has always provided for designated judges to hear urgent and ongoing matters during the recess to ensure that justice is not unnecessarily delayed.
“The justice system cannot come to a standstill because the courts are on vacation. That is precisely why vacation judges are appointed,” he said.
Mr Fuseini argued that although the pace of proceedings may slow during the vacation, the courts must remain available to deal with matters requiring judicial intervention.
He traced the practice to earlier judicial reforms, recalling that concerns over delays in criminal trials during the administration of former President John Agyekum Kufuor led to the establishment of the Fast Track High Court to accelerate the hearing of cases.
He also pointed to more recent precedents under the Akufo-Addo administration, noting that while serving as Attorney-General, Mr Dame had on several occasions sought expedited day-to-day hearings in high-profile cases, including those involving James Gyakye Quayson and Mahama Ayariga.
Mr Fuseini said it was therefore inconsistent for the former Attorney-General to now argue that court proceedings should effectively pause during the legal vacation.
He further alleged that Mr Dame had previously opposed attempts to suspend proceedings in cases involving Dr Cassiel Ato Forson, Richard Jakpa, James Gyakye Quayson and, more recently, Sedina Christine Tamakloe-Attionu, many of which continued through vacation sittings.
According to Mr Fuseini, the position now being advanced by Mr Dame and Mr Atta Akyea departs from the approach adopted while they held public office and risks undermining the efficient administration of justice.
Story by Ruth Quaye
