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. He said the position was necessary to preserve the authority of judges to manage proceedings […]
Deputy Attorney-General Dr Justice Srem-Sai advises lawyers who cannot attend court during the legal vacation to request accommodation from the judge instead of unilaterally announcing their absence. This stance, aimed at maintaining judges' authority to manage proceedings, emerged in response to concerns raised by the Ghana Bar Association (GBA) in a letter to Chief Justice Paul Baffoe-Bonnie.
The GBA contends that lawyers are not obligated to appear before Vacation Courts from August 1 to September 30, as the vacation period is meant to provide respite for judges, lawyers, and judicial staff. Dr Srem-Sai disagrees with the notion that a lawyer's unavailability automatically halts a court's proceedings, stating that judges possess the discretion to evaluate such requests and determine if an adjournment or accommodation is warranted.
He emphasizes that this approach is preferable to permitting lawyers to make unilateral decisions regarding court proceedings. "Legal vacations may be a good opportunity for lawyers ... to get that well-deserved rest," he adds, noting that judges often accommodate such requests on a case-by-case basis. He clarifies that a lawyer seeking time off should attend the proceedings and present a plea to the judge, who will then decide whether to grant the request in full, partially, or at all.
Dr Srem-Sai warns that allowing lawyers to pre-determine their court attendance could shift control away from the judiciary and generate significant implications for case management.
Written by urgent.news from Adom Online's reporting — not their text. Machine-written — it may contain errors, so check the original before relying on it.
