Oppong Nkrumah returns to Supreme Court, seeks reversal of injunction ruling

NPP MP for Ofoase-Ayirebi, Kojo Oppong Nkrumah, has returned to the Supreme Court seeking to overturn a decision dismissing his application for an interlocutory injunction over the conduct of criminal trials during the ongoing legal vacation.

Justice Gabriel Scott Pwamang, sitting as a single Justice of the Supreme Court, dismissed the MP’s earlier application on August 21, 2026.

Oppong Nkrumah is now asking a three-member panel of the apex court to set aside that decision and grant the injunction he initially sought.

The application forms part of his broader constitutional challenge to administrative directives issued by the Chief Justice allowing selected High Court judges to sit and conduct criminal trials during the legal vacation, which runs from August 1 to September 30.

In his latest application, the MP argues that Justice Pwamang made several errors in reaching his decision.

One of the key issues concerns whether the Attorney-General can represent the Chief Justice in a case where the Chief Justice’s administrative actions are themselves being challenged under Articles 23 and 296 of the 1992 Constitution.

Oppong Nkrumah maintains that the single Justice erred in dismissing his preliminary objection on the matter.

He also argues that the Chief Justice’s failure to respond to his affidavit or deny aspects of his statement of case should have been considered when determining whether to grant the injunction.

The MP further contends that the ruling went beyond what was appropriate at the interlocutory stage. According to him, although Justice Pwamang acknowledged that the substantive constitutional questions were not for determination at that stage, the ruling nevertheless made definitive observations that, in his view, could predetermine matters reserved for the full bench.

Oppong Nkrumah is therefore asking the three-member panel to reconsider the approach adopted by the single Justice.

He also says the public interest implications of allowing the disputed arrangements to continue were not given sufficient consideration.

According to him, the constitutional questions raised in the substantive case remain unresolved, and allowing the affected criminal trials to proceed could undermine the effectiveness of the case.

The MP is also relying on the time-sensitive nature of the warrants, arguing that interim relief is necessary because the legal vacation is already underway.

He maintains that the balance of convenience favours temporarily suspending the implementation of the disputed warrants rather than allowing the trials to continue before the substantive case is finally determined.

Oppong Nkrumah is consequently asking the three-member panel to issue an interlocutory injunction restraining the Chief Justice and the designated High Court judges from implementing or enforcing the warrants that require them to sit during the legal vacation to conduct criminal trials.

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