The Court of Appeal will seek approval from the Chief Justice to sit during the legal vacation period to determine the Attorney-General’s urgent application for a stay of execution in the case involving former MASLOC Chief Executive Officer, Sedina Tamakloe Attionu.

The application, filed on Thursday, July 30, seeks to suspend the effect of the Court of Appeal’s decision that acquitted and discharged Madam Tamakloe Attionu, pending the determination of the state’s appeal at the Supreme Court.

The move comes as the court’s regular sitting schedule enters the legal vacation period, which begins on August 1 and ends on September 30.

Under the relevant court rules, including Order 79 Rule 4 of the High Court Civil Procedure Rules, C.I. 47, courts generally observe a vacation period during which regular hearings are limited.

However, the Chief Justice has the authority to allow courts to sit during this period where circumstances require.

Order 79 Rule 1 of C.I. 47 provides that, subject to the Courts Act, the Chief Justice may appoint any day, including days during vacation, for the hearing of matters.

This authority is usually exercised through a special fiat, allowing courts to deal with urgent cases despite the legal vacation.

The Attorney-General’s stay application was filed by Principal State Attorney Hilda W. Craig on behalf of the state and is supported by an affidavit sworn by Assistant State Attorney Andrew Owusu-Agyemang.

The state argues that the Court of Appeal’s judgment resulted in what it describes as a “substantial miscarriage of justice” due to alleged errors of law and fact.

The Attorney-General maintains that the intended appeal raises substantial legal issues with a likelihood of success and argues that without a stay, the Supreme Court appeal could be rendered ineffective if the acquittal remains in force.

The urgency of the application is linked to the timing of the Court of Appeal’s ruling, which was delivered on July 30, a day before the commencement of the legal vacation.

If the stay of execution is granted, the effect of the Court of Appeal’s decision would be temporarily suspended until the Supreme Court determines the state’s appeal.

The development follows the unanimous decision of a three-member panel of the Court of Appeal to overturn Madam Tamakloe Attionu’s conviction and 10-year prison sentence.

The panel, made up of Justices Emmanuel Ankamah, Emmanuel Senyo Amedahe and Samuel Obeng-Diawuo, held that the prosecution failed to prove its case beyond reasonable doubt and faulted aspects of the trial court’s handling of the matter.

Madam Tamakloe Attionu had been convicted in absentia by the High Court in April 2024 on charges including causing financial loss to the state, stealing, money laundering and unauthorised commitment resulting in financial obligation for government.

The ruling has triggered debate among legal practitioners and political actors, with the Attorney-General indicating that the state will challenge the decision at the Supreme Court.

The New Patriotic Party (NPP) has also criticised the acquittal and said it would pursue available legal avenues over the matter.