Selective justice claims false, lawyers only trying to delay cases — Deputy AG

Deputy Attorney-General and Minister for Justice, Justice Srem-Sai, has firmly denied claims of selective justice in the Chief Justice's decision to direct certain courts to sit during the legal vacation. He dismissed the allegation as "completely false" and pointed out that many judges across the country are already conducting cases during this period.

Srem-Sai clarified that lawyers who genuinely face challenges in attending court during the vacation should appear before the court, explain their situation, and request a formal adjournment. He emphasized that lawyers cannot simply refuse to practice law during the vacation, as court proceedings must still proceed. The Deputy Attorney-General also accused lawyers of using repeated adjournment requests to deliberately delay cases, suggesting that this pattern is a recurring issue in some affected cases.

The controversy stems from the Chief Justice's directive to select courts to continue hearing cases during the legal vacation, which runs from August 1 to September 30. This directive has sparked a dispute between the judiciary and the Ghana Bar Association (GBA) over the conduct of court proceedings during this time. The GBA argues that Vacation Courts traditionally handle only urgent and interlocutory matters, rather than full trials, and that the availability of counsel should be considered when determining whether substantive proceedings should continue during the vacation.

However, Srem-Sai maintains that the authority to decide when courts sit lies with the judiciary, not the legal profession. The disagreement has become more pronounced following the Chief Justice's warrant directing selected courts and judges to continue hearing certain cases during the vacation period. The GBA has expressed concerns about this practice, while the Attorney-General's Office asserts that designated judges have the authority to conduct proceedings during this period.

This issue is particularly significant for several high-profile criminal cases whose proceedings have been scheduled during the vacation. Srem-Sai reiterated that the Chief Justice's warrant remains in force and that the designated courts are expected to continue their work. He warned that lawyers who refuse to appear could leave their clients without legal representation during proceedings, particularly in some affected cases where judges have directed clients to handle aspects of their cases, such as cross-examination, if counsel fails to appear.