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Hon Kojo Oppong Nkrumah through his Lawyers, Davies and Davies, has filed a motion under the Courts Act and C.1 16 seeking a reversal of the decision of the Supreme Court by a single judge in the case of HON. KOJO OPPONG NKRUMAH v. THE CHIEF JUSTICE & THE ATTORNEY-GENERAL [TLP-SC-2026-23].
Mr. Hon. Oppong Nkrumah, the Plaintiff/Applicant/Applicant canvasses 8 grounds for the reversal of the decision delivered on the 21st day of August, 2026 and prays that the Supreme Court which shall be constituted by three judges to restrain judges sitting at the High Court from conducting trials during the legal rest period.
In the affidavit supporting the motion filed on Monday, the 24th day of August, 2026, Mr. Oppong submits to the Court that the Supreme Court overstepped its remit by entering the merits of the substantive matter. At paragraph 23 of the affidavit in support, the Lawyer and Member of Parliament deposes that:
"23. In the course o f his ruling, the learned judge made the following definite pronouncements and redeterminations o n the substantive constitutional matters pending before the Supreme Court:
(i) At page 7 o f Exhibit G :
" I am unable t o see how priority o f hearing o f cases even during legal vacation can amount to inequality before the law."
"it is factually inaccurate t o say that the warrants required the Judges to conduct trials in 'selected cases'."
"It is plain o the face o f the warrants that the Judges have been given authorization t o conduct hearings i n all cases pending in their courts."
"It is differences i n treatment o n account of the grounds stated in clause (2) of article 17 that the Constitution i s concerned with."
(ii) At pages 7 to 8 o f Exhibit G:
"The plaintiff in his statement o f case has not alleged that the Chief Justice's conduct in selecting the two Courts t o give warrants t o conduct hearings in the legal vacation was influenced b y the gender, race, colour,
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ethnic origin, religion, creed o r social o r economic standing of the accused persons in those cases or their witnesses."
(iii) At page 8 of Exhibit G :
"it would be difficult to impeach the Chief Justice's exercise of discretion pursuant to articles 23 and 296(a) and (b) without any evidence of ill will."
(iv)At page 9 of Exhibit G :
"These statements plainly fail to take account o f the existing standard practice where judges who sit during legal vacation take their leave when the rest o f the courts resume work. As for the Court staff, their leave from
work is not i n any way affected b y legal vacation sitting. For the lawyers they are independent service providers in Court proceedings who are free t o plan their leave a t any time of the year."
"C.I.47 regulates civil cases and the subject matter o f the plaintiff's complaint here are criminal trials."
(V) A t page 10 of Exhibit G:
"In my understanding, the warrants issued by the Chief Justice that the plaintiff has complained about are an effort to afford opportunity for more criminal cases to be tried expeditiously."
READ/DOWNLOAD FULL MOTION FOR REVERSAL BELOW:
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