Legal Vacations And Trials — Why GBA President Is In Error

The President of the Ghana Bar Association (GBA) has made two claims regarding court proceedings during the legal vacation. The first claim is that vacation judges do not conduct trials or handle the substance of cases. The second claim is that the decision to take proceedings on the substance of a case during the legal vacation lies with the lawyers involved, not the judges.

However, neither of these claims is supported by legal precedent, rules, practice, or sound reasoning. To clarify, here is a brief background on court proceedings:

Court cases involve two types of proceedings: (1) those on the substantive matter, which can finally determine the case and often include trials and hearings on the merits, and (2) those on interlocutory matters, such as motions and summons that do not determine the case finally. It is widely accepted that superior courts operate at a reduced pace during the summer vacations, which span August and September, rather than completely shutting down.

This partial operation is managed by allowing a few judges to work over the vacation period, determined by the Chief Justice.

A vacation judge can hear both interlocutory and substantive proceedings in their own court, but only interlocutory proceedings in cases from other courts. This is based on the law and the understanding that only a substantive judge, not an interlocutory judge, can determine a case finally. The GBA President's claims are incorrect, as the power to decide which cases are heard during the vacation period lies with the bench, not the bar. Lawyers' primary duty is to their clients, not to the interests of other lawyers' clients.