Lawyers can seek accommodation, but cannot declare court boycott – Deputy Attorney-General
Lawyers who are unable to attend court during the legal vacation should seek an accommodation from the judge rather than unilaterally declare that they will not participate in proceedings, Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has said.
Deputy Attorney-General Dr Justice Srem-Sai has advised lawyers unable to attend court during the legal vacation to request accommodation from judges rather than deciding to boycott proceedings themselves. This stance aims to maintain the judges' authority in managing cases and ensuring all parties' interests are considered. The Ghana Bar Association raised concerns about lawyers not being obligated to appear in Vacation Courts during their respite period from August 1 to September 30.
Dr Srem-Sai disagreed with the notion that a lawyer's unavailability should automatically halt court proceedings. He emphasized judges' discretion to either grant adjournments or other accommodations on a case-by-case basis. The Deputy Attorney-General explained that this approach prevents lawyers from making unilateral decisions regarding court proceedings.
He suggested that lawyers should attend the proceedings and plead their case to the judge, who can then decide whether to grant the request fully, partially, or not at all, in the interest of justice. Dr Srem-Sai warned that allowing lawyers to pre-decide their absence could shift control over case administration away from the judiciary, posing significant implications for case management.
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