Legal vacation: Ayikoi Otoo says compelling lawyers to appear in court is unfair

Former Attorney General and Ghana High Commissioner to the UK, Ayikoi Otoo, has voiced his disapproval of the mandate to compel lawyers to attend court hearings during the legal vacation. In his view, this practice is unjust and should only be employed in rare instances. The High Court rules may permit Chief Justice to issue directives about court sessions during the legal vacation, but these powers ought to be used sparingly and in line with customary legal procedures.

During an interview on Joy FM's Super Morning Show, Otoo expressed his unfamiliarity with the routine practice of lawyers, particularly those involved in high-profile cases, being routinely ordered to continue with hearings during the break. "I am not very familiar with that kind of practice, I must admit. However, according to the High Court rules, the Chief Justice can issue directions, including vacations.

But frankly, I don't recall such occurrences," he remarked. Otoo, who was admitted to the Bar in 1981 and practiced law for roughly 45 years, pointed out that the legal profession has conventionally acknowledged the vacation as a time when lawyers are entitled to take a respite from court proceedings. He questioned why lawyers should be forced back into court simply because a specific case was deemed significant or there was urgency to finalize it.

"You are compelling him to go to the court, and if he's not there, his clients will be compelled to proceed with cross-examination," he said. "They are lawyers; why are they being forced to go to the court? The people have hired a lawyer; the lawyer is on legal vacation, and you are saying that if they don't come, then the lawyers should be compelled to hear."

Otoo emphasized that the legal vacation is meant to allow members of the legal profession to rest, and the need to resolve individual cases should not supersede this principle. "We are entitled to go and rest and come back after the legal vacation. So why compel him to go to court? Because somebody is interested in concluding a particular case?" he asked.

"Why can't we wait for two months for people to rest and come back to continue the hearing?" Otoo's extensive experience in the legal field over four decades had not previously exposed him to instances where Chief Justices routinely directed lawyers to appear during the legal vacation, especially in high-profile cases. "I was called to the Bar in 1981.

I practiced law for about 45 years," he stated. "I have no experience of Chief Justices directing people to hear cases during vacations, particularly with such high-profile cases. What message are you sending out there?" This comes after complaints from three law firms concerning notices directing their lawyers to appear before judges to continue hearing partial criminal cases during the ongoing legal vacation.

The Ghana Bar Association (GBA) has urged Chief Justice Paul Baffoe-Bonnie to ensure that judges adhere to established rules and customs governing Ghana's legal vacation, particularly in cases where lawyers have stated they are unavailable to appear in court. However, Chief Justice Paul Baffoe-Bonnie rejected the notion that lawyers can decline to proceed with cases simply because they are scheduled during the legal vacation.