Legal Vacation: Our courts don't shutdown, they scale down — Srem-Sai
He said the period is traditionally a reduction in judicial activity rather than a complete shutdown of the courts.
The President of the Ghana Bar Association (GBA) recently wrote to the Chief Justice, raising concerns about legal proceedings during the annual legal vacation. The President claimed that vacation judges do not handle trials or substantive cases, and instead, only take on interlocutory matters. Additionally, the President suggested that lawyers, not the bench, have the authority to decide whether to proceed with cases during the vacation period. However, these claims lack legal backing and sound reasoning.
To clarify the situation, it is essential to understand the nature of court proceedings. Court cases involve two types of proceedings: (1) substantive matters, which can ultimately determine the case, often including trials and hearings on the merits, and (2) interlocutory matters, such as motions and summons that do not decide the case.
The Ghanaian legal system follows the tradition of scaling down court work during the summer vacation months (August and September). Certain judges, known as 'vacation judges,' are allowed to work during this period under the Chief Justice's warrant.
Vacation judges can handle both interlocutory and substantive proceedings, as well as cases from other courts on vacation. The power to decide whether to take substantive proceedings during the legal vacation lies with the bench, not the bar, as a lawyer's primary duty is to their client, not to other lawyers. This principle is rooted in the English legal system and has been consistent in Ghana. Therefore, the GBA President's claims are unsupported by law, rules, practice, or rational reasoning.
Written by urgent.news from Adom Online's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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