The Court of Appeal is expected apply for a warrant from the Chief Justice (CJ) to sit during the legal vacation to deliver its ruling on the Attorney-General’s application for stay of execution in the case of convicted former MASLOC CEO, Sedina Christine Tamakloe Attionu.
This followed proceedings on Friday, July 31, 2026, the last day of the 2025/2026 legal year before a two-month break for the Superior Courts – (High Court, Court of Appeal and the Supreme Court).
A three-member panel of the Court, chaired by Justice Sophia Rosetta Bernasko Essah, after hearing arguments from both the prosecution and the defence, returned to announce that it was still deliberating and had not reached a decision.
The panel which included Justice Dr. Ernest Owusu-Dapaa and Justice Aryittey Armah-Tetteh, consequently adjourned the matter sine die (indefinitely) to apply for a warrant from the CJ to sit during the vacation to deliver its ruling.
The Court indicated that a hearing notice would be issued to the parties when a date is fixed, if the warrant from the CJ is issued.
The application for stay of execution was moved by Ms. Hilda Craig, a Principal State Attorney. It was opposed by lawyers for Sedina Tamakloe led by Mr. Enoch Deegbe.
AG’s grounds for stay
In its affidavit in support of the motion, the Republic stated that it is dissatisfied with the judgment of the Court of Appeal and has filed a Notice of Appeal dated July 30, 2026, to the Supreme Court.
The Attorney-General contends that the judgment of the Court of Appeal has occasioned a substantial miscarriage of justice for, among other reasons, material errors of law and fact apparent on the face of the record.
According to the AG, the appeal raises substantial and arguable grounds of law which disclose a real likelihood of success.
The Republic is therefore praying the Court to stay the execution of the judgment delivered by the Court of Appeal on July 30, 2026.
The affidavit further states that should the execution not be stayed, there is a real likelihood of the Respondent leaving the jurisdiction and rendering the efforts of the Applicant nugatory.
It added that the matters set out constitute special circumstances warranting the grant of the application, and that the Court possesses the inherent jurisdiction to grant a stay in exceptional circumstances to prevent a substantial miscarriage of justice.
Background
The application follows the acquittal and discharge of Sedina Tamakloe Attionu by the Court of Appeal on July 30, 2026.
Ms. Tamakloe Attionu, who served as CEO of the Microfinance and Small Loans Centre (MASLOC) from November 2013 to January 2017, was arraigned in 2019 together with Daniel Axim, a former Chief Operations Officer on 78 counts including conspiracy to steal, stealing, causing financial loss to the State, money laundering and contravention of the Public Procurement Act.
On April 16, 2024, the High Court, presided over by Justice Afia Serwah Asare-Botwe, sitting as an additional High Court Judge, convicted her in absentia and sentenced her to 10 years imprisonment.
She had travelled to the United States in 2021 with the permission of the Court for medical treatment and did not return.
Following an extradition request by the Government of Ghana, she was returned to Ghana on June 9, 2026, and taken into custody at the Nsawam Medium Security Prison to begin serving her sentence.
Her lawyers, led by Enoch Deegbe, filed an appeal challenging the conviction on grounds that the prosecution failed to prove its case beyond reasonable doubt and that the charge sheet was defective.
On July 30, 2026, the Court of Appeal upheld the appeal and acquitted and discharged her, a decision the Attorney-General has described as a miscarriage of justice and has appealed to the Supreme Court, while filing the current application to stay the execution of the acquittal pending the determination of the appeal.
Can a judge seek Warrant from CJ to sit on legal vacation?
In Ghana’s jurisprudence, it is allowed and very common and that Warrant system is specifically for the Legal Vacation.
Per the law, during vacation, Judges of the Superior Courts (High Court, Court of Appeal and Supreme Court) – are not supposed to sit, except as Vacation Judges.
But, where a Judge has a part-heard case or other urgent pending case before him, he can apply to the Chief Justice for special authorization to continue sitting.
It is provided for under (Order 79 of C.I 47) and under the powers of the Chief Justice to manage the courts under (Article 139(3) of the 1992 Constitution.)
In practice
The Judge writes to the Chief Justice through the Judicial Secretary, listing the suit numbers and the stage the cases have reached.
The Chief Justice, if satisfied, issues a Warrant/Fiat – authorizing that specific Judge or judges to sit during the vacation, either for those specific cases or as an additional Vacation Judge.
With that warrant, any proceedings or judgment he delivers during the vacation is valid.
The Circuit and District Courts do not need warrants to a it, because they don’t go on vacation.
Source: Starrfm.com.gh
