GBA urges Chief Justice to uphold legal vacation rules

The Ghana Bar Association (GBA) has written to Chief Justice Paul Baffoe-Bonnie to urge him to ensure that judges respect the established rules and traditions surrounding Ghana's legal vacation, which takes place from August 1 to September 30. The association explained that the vacation is meant to provide judges, lawyers, and judicial staff with a much-needed break from their demanding court schedule.

They acknowledged that Vacation Courts may be present during this period to handle urgent and interlocutory matters, but these courts should not conduct regular trials, particularly where the absence of counsel could impact the proper participation of lawyers.

The GBA argued that if a lawyer has notified the court of their unavailability during the vacation, the matter should be adjourned rather than proceeding in their absence. They emphasized that lawyers are not required to attend court during the vacation and that even if a court may have listed a case involving counsel who is unavailable, the case cannot proceed.

This stance was taken due to complaints from three law firms regarding notices instructing their lawyers to attend court hearings during the legal vacation. The GBA asserted that such directives conflict with the purpose of the legal vacation and deviate from the longstanding judicial practice. They urged the Chief Justice to ensure judges adhere to the established rules and traditions for the legal vacation, thereby preserving its purpose and promoting effective participation by lawyers and the smooth administration of justice.