The Ghana Bar Association (GBA) has urged Chief Justice Paul Baffoe-Bonnie to ensure judges adhere to established rules governing Ghana’s legal vacation, particularly when lawyers have indicated that they are unavailable to appear in court.
In a letter to the Chief Justice on Monday, Aug. 10, the GBA said the legal vacation, which runs from Aug. 1 to Sept. 30, is intended to provide judges, lawyers and judicial staff with a break from the demanding court calendar.
The association acknowledged that Vacation Courts may sit during the period to deal with urgent and interlocutory matters.
However, it said the longstanding practice is for Vacation Courts not to conduct trials, particularly where the absence of counsel would affect effective participation in proceedings.
The GBA therefore called for cases to be adjourned where lawyers have notified the court that they are unavailable during the vacation.
“Counsels are not under any compulsion whatsoever to appear before a Vacation Court,” the association said.
It added that once counsel for either side indicates an inability to attend or proceed with a scheduled matter during the vacation, the court should not continue with the case.
The association’s intervention follows complaints from three law firms 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, such directives undermine the purpose of the legal vacation and depart from established judicial practice.
The association said lawyers should be allowed adequate time to rest during the vacation while ensuring that, when required to appear, they are able to participate effectively in court proceedings.
The GBA has consequently urged the Chief Justice to take steps to ensure judges respect the established rules and traditions governing legal vacation, arguing that doing so would preserve its purpose and support the effective administration of justice.
