Supreme Court dismisses Oppong Nkrumah's objection to Deputy AG representing CJ

On August 21, 2026, the Supreme Court of Ghana dismissed an objection raised by Kojo Oppong Nkrumah, Member of Parliament for Ofoase-Ayirebi, regarding the Deputy Attorney General's representation of the Chief Justice in a case challenging the conduct of trials during the legal vacation.

Details of the Objection

Mr. Oppong Nkrumah, through his counsel Frank Davies, objected to Deputy Attorney General Dr. Justice Srem-Sai representing the Chief Justice in the ongoing case. The objection was based on the premise that the Chief Justice, being a defendant due to an administrative discretion being challenged, should have separate legal representation distinct from the Attorney General's office.

Court's Ruling

Justice Gabriel Pwamang, sitting as a single judge, overruled the objection, stating that the Chief Justice is being sued in his capacity as the administrative head of the Judiciary. Therefore, representation by the Attorney General's office is appropriate. Justice Pwamang indicated that full reasons for this decision would be provided in the ruling on the interlocutory injunction application scheduled for August 21, 2026.

Implications of the Decision

This ruling clarifies the appropriateness of the Attorney General's office representing the Chief Justice in cases where administrative decisions are being challenged. It underscores the legal principle that public officials can be represented by the Attorney General unless a clear conflict of interest is demonstrated.

The court's decision is expected to influence future cases involving the representation of public officials by the Attorney General's office, particularly in matters concerning administrative actions.