Judges can hear substantive cases during legal vacation if lawyers have no objection – Tuah-Yeboah

Former Deputy Attorney General Alfred Tuah-Yeboah has clarified that judges have the authority to hear substantive cases during legal vacation, but such arrangements require the consent of the involved lawyers. The debate surrounding the decision to permit selected cases to continue during the current legal vacation, particularly those involving former NSB Director-General Kwabena Adu-Boahen and former NAFCO CEO Hanan Abdul-Wahab, has gained traction.

Speaking on JoyNews’ The Pulse, Tuah-Yeboah stated that the tradition of judges presiding over legal vacation dates back before Ghana's independence and is mainly designed to address urgent matters. These cases typically involve bail, injunctions, probate, letters of administration, and other urgent proceedings, not substantive trials that entail taking evidence and cross-examination of witnesses.

However, should a judge wish to hear a substantive matter during the vacation, the lawyers involved must first be consulted, and if they have no objection, a warrant will be obtained, and the case will proceed. The main issue in the ongoing controversy, according to Tuah-Yeboah, is the lack of lawyer consultation in the present situation.

He emphasized that his stance does not dispute the Chief Justice's authority to permit judges to sit during legal vacation; rather, the established practice dictates that lawyers must be part of the decision for substantive cases to be scheduled. The case of Samuel Atta Akyea, counsel for the former NSB Director, and his wife, who was absent from court despite a directive for the trial to continue, exemplifies the ongoing dispute.

Deputy Attorney General Dr Justice Srem-Sai argued that lawyers cannot unilaterally refuse to appear before Vacation Courts, contending that selected judges have the authority to handle both interlocutory and substantive proceedings during the legal vacation.