The Ghana Bar Association (GBA) has appealed to Chief Justice Paul Baffoe-Bonnie to ensure that judges uphold the established rules and traditions governing Ghana’s legal vacation, particularly in cases where lawyers have indicated that they are unavailable to appear in court.
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 give judges, lawyers and judicial staff a necessary break from the demanding court calendar.
The association, however, acknowledged that Vacation Courts may sit to deal with urgent and interlocutory matters during the period.
The GBA said the longstanding practice is for Vacation Courts to refrain from conducting trials, especially where the absence of counsel would affect the effective participation of lawyers in proceedings.
It therefore argued that where counsel has notified the court of an inability to appear during the vacation, the matter should be adjourned rather than proceeding without the lawyer.
“Counsels are not under any compulsion whatsoever to appear before a Vacation Court,” the association said.
“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 association’s intervention follows complaints from three law firms regarding 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.
It said lawyers should be given adequate opportunity to rest during the period while also ensuring that, when they are required to appear, they can participate effectively in proceedings.
The GBA has consequently urged the Chief Justice to take steps to ensure that judges adhere to the established rules and traditions governing the legal vacation, saying respect for the practice would preserve its purpose and promote effective participation in the administration of justice.
