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🇬🇭 Ghana /Crime & Justice

GBA urges Chief Justice to halt trials during legal vacation

From Ghanaian Times · () English

Summarized and contextualized by DistantNews.

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  • The Ghana Bar Association (GBA) has asked the Chief Justice to halt trials during the legal vacation.
  • The GBA cited petitions from law firms regarding lawyers being summoned for ongoing criminal cases during the vacation period.
  • The association emphasized that legal vacations are for rest and that vacation courts traditionally handle urgent matters, not full trials.

The Ghana Bar Association (GBA) has formally requested Chief Justice Justice Paul Baffoe Bonnie to cease the conduct of selected trials during the ongoing legal vacation. This appeal stems from petitions received by the GBA from several law firms, including Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates.

These firms raised concerns over notices compelling lawyers to appear in court for part-heard criminal cases during the legal vacation, which runs from August 1 to September 30. The GBA highlighted that the legal vacation is traditionally designated for judges, lawyers, and judicial staff to rest after the demanding legal year.

Once Counsel in a matter indicates their unavailability to attend Court during the vacation, the court cannot proceed with the case where counsel on either or both sides are unable to attend.

— GBAExplaining the principle that cases should not proceed if lawyers are unavailable during the legal vacation.

According to the association, Order 79 Rule 4 of the High Court (Civil Procedure) Rules, 2004, CI 47, outlines three legal vacations annually, with the second being the longest. While certain courts are designated as Vacation Courts to address urgent matters, the GBA stressed that these courts conventionally handle emergencies and interlocutory issues, not substantive trials. This principle also applies to virtual courts operating during the vacation.

The GBA further stated that lawyers are not obligated to appear before a Vacation Court if they are unavailable. The association argued that compelling lawyers to conduct trials during this period could create an impression of bias or selective justice, especially since lawyers have already worked extended hours and some have professional engagements or law firms closed for the entire vacation. GBA President Mrs. Efua Ghartey appealed to the Chief Justice and the Judiciary to uphold the established rules and traditions governing legal vacations, expressing confidence in a favorable consideration of the petitions.

An accused or other party to a trial should not be forced to represent themselves simply because their lawyer is unavailable during the legal vacation.

— GBAExpressing concern about the impact on defendants and parties if lawyers are compelled to attend trials during vacation.
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Originally published by Ghanaian Times. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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