GBA President ‘in error’ on legal vacation, trial – Deputy AG

Deputy Attorney-General asserts that the Ghana Bar Association (GBA) aims to convert an accommodation traditionally given to lawyers during the legal vacation into a right that determines which cases are heard by the courts. Justice Srem-Sai, during a discussion on JoyNews’ Top Story, emphasized that decisions on whether substantive matters should be heard during the legal vacation ultimately lie with judges.

He noted that lawyers might propose hearing cases during the vacation and resuming court proceedings on a specific day, but the final decision rests with the judge. Judges, Justice Srem-Sai explained, consistently accommodate lawyers during legal vacation. The GBA's plea, according to the Deputy Attorney-General, erroneously converts the accommodation into a right for lawyers to decide which cases to pursue, disregarding the judge's authority.

This stance is unsupported by law and practice, Justice Srem-Sai stated, advocating for the right to trial and progressive vision. The Deputy Attorney-General's comments come as the Attorney-General’s Office and the GBA clash over courtroom proceedings during the legal vacation, including the trial of former National Signals Bureau Director-General Kwabena Adu-Boahene.

Defence lawyer Samuel Atta Akyea, who appeared on the same program, denied allegations that his defense is intentionally delaying proceedings, asserting his regular court attendance. This debate underscores the tension between lawyers' customary legal vacation accommodations and the court's authority to decide when proceedings should proceed.