Court cannot proceed if counsel is unavailable during legal vacation – GBA to Chief Justice

The Ghana Bar Association (GBA) has urged Chief Justice Paul Baffoe-Bonnie to ensure judges respect the rules and traditions surrounding Ghana’s legal vacation from August 1 to September 30. In a letter on August 10, the GBA argued that the vacation is meant to allow judges, lawyers, and judicial staff a much-needed break from the demanding court schedule.

While the association acknowledged that Vacation Courts may handle urgent and interlocutory matters during this period, they insisted that trials should not be conducted where the absence of counsel could affect lawyers' ability to participate effectively.

The GBA emphasized that lawyers are not required to attend Vacation Court sessions, and once counsel notifies the court of their unavailability, the case must be adjourned rather than proceeding without them. The association cited complaints from three law firms about notices requiring lawyers to continue hearing criminal cases during the current legal vacation, which they said contradicts the vacation's purpose.

The GBA urged the Chief Justice to encourage judges to adhere to established rules and practices, ensuring that lawyers can rest during the vacation while still being able to participate fully when their services are needed.