GBA’s interpretation of legal vacation is ‘bizarre’ and not ‘workable’ – Srem-Sai

Deputy Attorney General Dr Justice Srem-Sai has criticized the Ghana Bar Association's (GBA) interpretation of legal vacation as "bizarre" and "not workable." He expressed concern that the GBA's stance could prevent judges from handling their own cases for months, causing further delays in administering justice. The issue arose due to concerns from the GBA and defense lawyers about the conduct of trials during a legal vacation that lasts from August 1 to September 30 for Ghana's superior courts.

The Judiciary has established vacation courts to handle urgent matters during this period. During an appearance on Joy News’ PM Express, Justice Srem-Sai explained that a vacation judge still has the right to their own vacation. When a judge works during the vacation, they take a vacation after the courts resume. He rejected the notion that a vacation judge should only handle motions and urgent matters, asserting that the Chief Justice can assign cases from other courts to vacation courts, and those judges can still hear the substantive matters in cases belonging to their own court.

Justice Srem-Sai disputed the claim that lawyers must agree before trials can proceed during the vacation, arguing that such control would undermine judges' ability to balance competing interests. He emphasized the importance of a judge in ensuring justice is served, as the law, including the Constitution, demands fast and speedy trials.

While acknowledging that lawyers on opposing sides might have different interests, the Chief Justice argued that a judge is necessary to find a balance and deliver justice. Regarding accusations that the government is pushing cases through vacation courts to satisfy political supporters, Justice Srem-Sai stated that political and constitutional interests can align.

He dismissed claims that the government is manipulating the legal vacation to secure convictions, insisting that such allegations require evidence to be substantiated. He also pointed out that cases are still being tried during this period by judges who are not vacation judges, indicating that the appointments of vacation judges are standard practice in Ghana.