The Ghana Bar Association (GBA) has asked Chief Justice Paul Baffoe-Bonnie to ensure that courts respect the established rules and traditions governing Ghana’s legal vacation.
The association is particularly concerned about directives requiring lawyers to appear before courts during the vacation period even after they have notified the court that they are unavailable.
In a letter to the Chief Justice dated 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 period of respite following an intensive court calendar.
The association, however, acknowledged that Vacation Courts are permitted to sit during the period to deal with urgent and interlocutory matters.
GBA objects to continuation of trials
According to the GBA, established practice has traditionally limited the work of Vacation Courts and generally excludes the conduct of trials, particularly where the absence of counsel could affect the effective participation of lawyers in proceedings.
The association said where counsel has informed the court of an inability to appear during the vacation, the matter should be adjourned rather than proceed in their absence.
The GBA maintained that lawyers are not compelled to appear before a Vacation Court when they have already indicated that they are unavailable.
It argued that once counsel on either side of a case notifies the court that they cannot attend or proceed with a scheduled matter during the vacation, the court should not continue with the case.
Complaints from law firms
The association’s concerns follow complaints received from three law firms over notices directing their lawyers to appear before judges during the current legal vacation.
One of the firms mentioned is Messrs Zoe, Akyea, whose lawyers represent former National Signals Bureau boss Adu Boahen.
The affected lawyers were reportedly directed to appear in court to continue proceedings involving part-heard criminal cases despite their indication that they were unavailable during the vacation.
The GBA said such directives are inconsistent with the purpose of the legal vacation and depart from longstanding judicial practice.
GBA calls for established practice to be upheld
The association has therefore appealed to the Chief Justice to take steps to ensure that the established rules and traditions governing the legal vacation are respected across the judiciary.
It said preserving the traditional approach to the vacation period would allow judicial officers and legal practitioners to have the necessary break from the regular court calendar while ensuring that lawyers can participate effectively when cases resume.
The GBA’s position comes as Ghana’s courts operate under the annual legal vacation period, which began on August 1 and is scheduled to end on September 30, 2026.
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