Mustapha Hamid trial to continue during legal vacation despite defence plea

Joseph Kpempa, lead counsel for former National Petroleum Authority (NPA) Chief Executive Officer, Dr Mustapha Abdul-Hamid, has described the decision to continue proceedings during the legal vacation as novel. The comments follow a decision by the Accra High Court to reject a request by lawyers for four accused persons to adjourn the trial until October when the legal vacation ends. The defence teams had asked the court to suspend proceedings for the vacation, citing personal commitments and the usual practice of courts during the period.

However, the court declined the request and directed that the trial should continue during the legal vacation. The judge indicated that proceedings would continue unless the Chief Justice, Paul Baffoe-Bonnie, withdraws the warrant directing selected high-profile criminal cases to proceed during the vacation. Reacting to the development, the lawyer said the directive was unusual, particularly because courts traditionally deal with urgent applications and interlocutory matters during the legal vacation rather than substantive trials.

According to him, the Chief Justice has the discretion under the Courts Act to make arrangements for courts to sit during weekends, holidays and other periods when necessary. However, he said the current arrangement was different because two specialised courts had been directed to conduct substantive criminal trials during the vacation. He explained that there was often confusion between the work of vacation courts and substantive hearings.

“During the holidays, judges do not normally deal with the substantive hearings. The holiday judges sit to hear motions and urgent applications,” he noted. The lawyer argued that the decision to have the specialised courts continue with normal trial proceedings during the vacation therefore represents a departure from established practice.

“If you look at the two specialised courts, they are asked to do normal hearings that we do during the normal period that we are in court, as against the vacation,” he said. The development means the trial involving Dr Abdul-Hamid and his co-accused will proceed despite the defence’s request for an adjournment until October. The former NPA boss and other accused persons are facing charges including extortion and related offences in connection with allegations…

The Accra High Court has rejected a request by lawyers for four accused persons in the case involving former National Petroleum Authority (NPA) Chief Executive Officer, Dr Mustapha Abdul-Hamid, to adjourn the trial until October. The defence teams had asked the court to suspend proceedings for the legal vacation and resume the case in October. However, the court declined the request and directed that proceedings should continue during the legal vacation.