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

Deputy Attorney General Dr Justice Srem-Sai has dismissed the Ghana Bar Association's (GBA) interpretation of legal vacation as "bizarre" and "not workable". The GBA and defense lawyers have raised concerns over the conduct of trials during the legal vacation, which spans from August 1 to September 30 for Ghana's superior courts.

The judiciary maintains that vacation courts are designated to handle urgent matters during this period. Justice Srem-Sai clarified that a vacation judge is still entitled to take their own vacation, and when a judge works during the vacation, they subsequently take their vacation when the courts resume. He dismissed the idea that vacation judges should only handle motions and urgent cases, stating that the Chief Justice has the authority to attach cases from other courts to a vacation court.

He cited the Takoradi Girls case as an example of a trial conducted during the legal vacation despite opposition from defense counsel. The deputy attorney general rejected the notion that lawyers must agree before a trial can proceed during the vacation, arguing that such control could undermine judges' role in balancing competing interests.

He emphasized that the Constitution requires accused persons to receive a fair and speedy trial, and that the government's actions during the legal vacation align with constitutional demands. Justice Srem-Sai denied accusations that the government is manipulating the legal vacation to secure political support or convictions, asserting that such allegations must be supported by evidence.

He noted that while defense lawyers may seek delays for strategic reasons, the government has produced no evidence to support such claims.