The Ghana Bar Association (GBA) has appealed to Chief Justice Paul Baffoe-Bonnie to ensure that judges adhere to established rules and traditions governing the Ghana legal vacation.
The association is particularly concerned about directives requiring lawyers to appear in court during the vacation period despite notifying the courts of their unavailability.
In a letter to the Chief Justice on Monday, August 10, the GBA said the Ghana 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.
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The association, however, acknowledged that designated Vacation Courts may sit during the period to deal with urgent and interlocutory matters.
According to the GBA, the established practice has traditionally been for Vacation Courts to refrain from conducting trials, particularly where the absence of counsel could affect the effective participation of lawyers in proceedings.
The association said where a lawyer informs 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.
“Counsel are not under any compulsion whatsoever to appear before a Vacation Court,” the GBA said.
It added that once counsel for either side indicates an inability to attend court during the vacation, the court should not proceed with the scheduled matter.
The GBA stressed that the position applies even where a case has already been listed by a Vacation Court.
The GBA’s intervention follows complaints from three law firms, including Messrs Zoe, Akyea, lawyers for former National Signals Bureau boss Adu Boahen.
The lawyers reportedly raised concerns over notices directing them to appear before judges to continue hearing part-heard criminal cases during the current Ghana legal vacation.
The association said compelling lawyers to attend court despite their stated unavailability undermines the purpose of the legal vacation and departs from established judicial practice.
The GBA has therefore urged Chief Justice Paul Baffoe-Bonnie to take steps to ensure that the longstanding rules and traditions governing the Ghana legal vacation are respected.
The association said adherence to the established practice would preserve the purpose of the vacation while ensuring that lawyers have adequate opportunity to participate effectively in court proceedings.
The GBA’s position highlights the need to balance the handling of urgent court matters with the established traditions surrounding Ghana’s legal vacation period.
