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

Noah Ephraem Adamtey Tetteh, the president of the Young Lawyers Forum of the Ghana Bar Association, has questioned the assertion that vacation courts do not hold trials. Tetteh argued that such a statement contradicts legal practice and the nature of proceedings at vacation courts. In an interview on Joy News’ PM Express, Tetteh described the stance taken by the Ghana Bar Association as "problematic."

He expressed that this perspective does not align with the actual practice of law and the principles of the law itself, according to his observations.

Tetteh's comments come in response to a recent directive by the Chief Justice for certain cases to be heard during the legal vacation. The discussion has revolved around whether vacation courts are confined to interlocutory matters, motions, and emergency applications, or if they also have the authority to handle substantive issues, such as trials.

Tetteh highlighted the difficulty in distinguishing between procedural matters and substantive issues during the legal vacation. He questioned how one can differentiate between what constitutes the substance of a case and what does not.

He provided examples, such as summary judgment applications and judgment on admission motions, to illustrate that these proceedings can determine the outcome of a case. Tetteh emphasized that these are not mere procedural steps but have significant implications for the substantive aspects of the matter. He cited his own experiences in vacation courts, where parties have filed motions that effectively terminate the case, as further evidence that these courts can indeed deal with substantive issues.

Tetteh also noted that judgment on admission applications can close a case, indicating that such matters are not purely procedural. He firmly believes that it is problematic to suggest that vacation courts cannot handle substantive matters or trials. "When we say that vacation courts do not get to the substance of the matter or do not conduct trials, that is quite problematic," he stated.

However, Tetteh acknowledged that a crucial distinction needs to be made when examining the Chief Justice’s directive concerning cases involving former National Signals Bureau boss Kwabena Adu-Boahene and others. He noted that while the Chief Justice can direct specific actions to be taken in court, this does not mean judges lose their independence to exercise judicial power.

"The Chief Justice has the authority to order that certain cases be heard in a specific manner," Tetteh emphasized. "But this does not equate to undermining the independence of judges in applying the law." He urged caution in interpreting the Chief Justice's directive to ensure it does not inadvertently override the judiciary's autonomy.