NewzLawyer for former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene has criticised the decision to continue his client’s trial during the legal vacation, describing it as a departure from established judicial practice. Speaking on JoyFM’s Top Story on Tuesday, August 11, Samuel Atta Akyea questioned why the case was being treated differently from other criminal matters during the legal vacation. He said while the judge had the authority to order the continuation of the proceedings, he would not support what he described as an “aberration” of the traditions of the legal profession.
“I think what the judge has said, he has the right to say he will continue and let them cross-examine, but I’m not going to lend my energies and support to what I see as an aberration, a cancellation of the traditions at the Bench and the Bar.” His comments follow a decision by the High Court in Accra to give Mr Adu-Boahene and his wife, Angela Adjei Boateng, six days to secure lawyers for the continuation of their trial on August 17. Read also: Adu-Boahene, wife may cross-examine prosecution witness themselves if lawyers stay away, Judge warns The court warned that if the accused persons fail to appear with their lawyers on the next adjourned date, they will be required to personally continue the cross-examination of the fourth prosecution witness. Justice Francis Apangabonu Achibonga, a Court of Appeal judge sitting as an additional High Court judge, further directed that should the accused persons decline to conduct the cross-examination themselves, the witness would be discharged.
The directive followed proceedings on Tuesday, August 11, when Mr Adu-Boahene and his wife appeared in court without their legal team. Mr Atta Akyea argued that the legal vacation was intended to allow judges and lawyers to take a break, with only urgent matters being handled during the period. “What is the meaning of legal vacation?
The CJ is on legal vacation, is it not? And the High Court is also shut down in substantial respects, save a few who should handle emergencies,” he said. He questioned the basis for treating the Adu-Boahene case as an emergency that warranted proceedings during the vacation.
“What is the emergency about the Adu-Boahene case that if today we don’t want to rest, we want to continue, so that … Deputy Attorney-General says the Ghana Bar Association (GBA) is seeking to turn an accommodation traditionally granted to lawyers during the legal vacation into a right to determine which cases should be heard by the courts. Speaking on JoyNews’ Top Story, Justice Srem-Sai argued that decisions on whether substantive matters should be heard during the legal vacation ultimately remain within the discretion of judges.
“There are situations where lawyers may urge the judge that, considering what we have reached on this case, we believe that we can hear substantive matters during the vacation and resume during court a 10-10 time. Read also: I’m not using legal vacation to delay Adu Boahene trial – Atta Akyea “The judge may agree or may even vary that instead of staying home for this number of weeks, you rather pay five weeks and come and let’s do this on this day. These are all matters which are within the discretion of the judge and judges always, all the time, accommodate lawyers during legal vacation.
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