The Ghana Bar Association (GBA) has formally requested a meeting with Chief Justice Paul Baffoe-Bonnie to safeguard the integrity of Ghana’s legal vacation system, particularly concerning the handling of lawyer unavailability during the August 1st to September 30th period. This request stems from a growing concern among legal professionals regarding the practice of Vacation Courts, which traditionally does not conduct trials and actively restricts counsel’s participation in proceedings. The GBA’s letter, dated Monday, August 10, emphasizes the necessity of upholding established rules and traditions governing this period, ensuring a fair and effective judicial process.
The association acknowledges that Vacation Courts may occasionally sit during this period to address urgent and interlocutory matters. However, a core principle of the GBA’s position is that Vacation Courts should not be utilized for trials, particularly when the absence of counsel could significantly impede the proper participation of lawyers in legal proceedings. The GBA contends that lawyers should not be compelled to appear before Vacation Courts, even when the court has previously listed their case.
“Counsels are not under any compulsion whatsoever to appear before a Vacation Court,” the GBA stated, asserting that once counsel in a matter indicates 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’s intervention follows a series of complaints from three law firms alleging that the Chief Justice has issued directives instructing their lawyers to appear before judges to continue hearing criminal cases during the ongoing vacation. This practice, according to the GBA, undermines the fundamental purpose of the legal vacation – a period of judicial rest and reflection – and departs from long-standing judicial practice. The association stresses the importance of providing adequate time for lawyers to rest during the vacation while simultaneously ensuring their ability to effectively participate in court proceedings.
The GBA is urging the Chief Justice to take decisive steps to reinforce the established rules and traditions governing the legal vacation, safeguarding the integrity of the judicial system and promoting effective participation by lawyers. The association believes that this action is vital to preserving the intended purpose of the vacation and supporting the smooth administration of justice.
Source: Adom Online
