The Ghana Bar Association (GBA) has appealed to Chief Justice Paul Baffoe-Bonnie to ensure that judges adhere to the established rules and traditions governing Ghana’s legal vacation. The association is particularly concerned about directives that compel lawyers to appear in court during the vacation period despite indicating their unavailability. In a letter to the Chief Justice on Monday, August 10, the GBA said the legal vacation, which runs from August 1 to September 30, is intended to provide judges, lawyers and judicial staff with a period of respite following the demanding court calendar.
The association, however, acknowledged that designated Vacation Courts may sit during the period to deal with urgent and interlocutory matters. It stressed that the established practice has traditionally been for Vacation Courts to refrain from conducting trials, particularly where the absence of counsel would affect the effective participation of lawyers in proceedings.
The GBA said where a lawyer notifies the court that they are unable to appear during the legal vacation, the appropriate course should be to adjourn the matter rather than proceed in the absence of counsel.
“Counsels are not under any compulsion whatsoever to appear before a Vacation Court. Once Counsel in a matter indicates their unavailability to attend Court during the vacation, even though the Court may have listed their case, it cannot proceed with the case in any way if Counsel on either side or on both sides indicate their inability to proceed with the scheduled matter in Court during the vacation,” the GBA said.
The association’s position follows complaints from three law firms, including Messrs Zoe, Akyea, lawyers for former National Signals Bureau boss Adu Boahen, over notices directing their lawyers to appear before judges to continue hearing part-heard criminal cases during the current legal vacation.
According to the GBA, compelling lawyers to attend court despite their unavailability undermines the purpose of the legal vacation and departs from established judicial practice. The association has therefore urged the Chief Justice to take steps to ensure that the longstanding rules and traditions governing the vacation are respected.
It said adherence to the established practice would preserve the purpose of the legal vacation while ensuring that lawyers have adequate opportunity to participate effectively in court proceedings.
Source: Isaac Appiah-Kubi
