IN RE: REPUBLIC v ELISHA MAHAMA AKPANNYICHE & 2 OTHERS – COMMENT ON THE CHIEF JUSTICE’S TRANSFER DIRECTIVE.
Introduction
On Wednesday, 22nd May 2024, social media news communicated that in the morning of the same day, the prosecution appeared in the High Court, sitting in Wa for the hearing of the criminal suit numbered UW/WA/DC/B1/10/2024, intituled Republic v Elisha Mahama Akpannyiche & 2 Others.
The social media reports say that the prosecution’s hopes of proceeding with the case, which was already underway, were dashed when they received information in court the same morning that a letter dated 6th May 2024 addressed to the registrar of the district court referenced SCR 38, the Chief Justice ("CJ") had instructed the registrar of the district court that on the completion of the committal proceedings before the Wa district court “any further proceedings shall be transferred to Kumasi.” A copy of the said letter has already been circulated on social media.
Proceedings for the day were thereby stalled in the High Court because of the CJ’s direction in the letter referred to. I am informed that the High Court adjourned the proceedings to 12th June 2024 to abide by clarification from the CJ on the effect of her letter of 6th May 2024 on the proceedings before the High Court, Wa, which are already underway.
The CJ’s letter [written on her behalf by the Judicial Secretary] did not indicate the contents of the petition that justified the directive. Perhaps the CJ finds no need to be transparent on this, even as she has recently demonstrated that she is willing to speak publicly to bring us up to speed with her work.
I am unaware of any rules barring disclosure of such matters if only to demonstrate the integrity and transparency in which such directives are issued. The only presumption the CJ’s administrative actions enjoy are those relating to the performance of such functions but not whether the functions were discharged bona fide.
Be that as it may, the following points are relevant to note…click to read more.
