It is worrying to say that vacation courts do not conduct trials – Young Lawyers Forum President

Noah Ephraem Adamtey Tetteh, President of the Young Lawyers Forum of the Ghana Bar Association, has raised concerns about the assertion that vacation courts do not conduct trials. He believes this stance is problematic and contradicts both legal practice and the realities of proceedings before vacation courts. Tetteh argued that such a claim is inconsistent with his own observations during his tenure at the bar and the legal system itself.

The controversy surrounding the Chief Justice's directive for specific cases to be heard during the legal vacation has sparked debate over the scope of vacation courts' jurisdiction. This discussion has centered on whether vacation courts are limited to handling interlocutory matters, motions, and emergency applications or if they can also deal with substantive issues, including trials.

Tetteh pointed out the difficulty in distinguishing between procedural matters and substantive issues during the legal vacation. He cited summary judgment applications and judgment on admission applications as examples of proceedings that can determine the outcome of a case, emphasizing that these are not merely procedural matters.

Tetteh also highlighted the importance of making a distinction when assessing the Chief Justice's directive concerning cases involving former National Signals Bureau boss Kwabena Adu-Boahene and others. He argued that while the Chief Justice has the authority under Ghana's laws to direct that certain cases be heard, doing so may undermine the individual or independence of judges in exercising judicial power.

However, Tetteh clarified that he does not believe the Chief Justice is attempting to take away this independence. Instead, he believes that the Chief Justice's role in specifying that certain cases must be heard should be recognized.