Accra: The Ghana Bar Association (GBA) has formally petitioned the Chief Justice, His Lordship Justice Paul Baffoe Bonnie, voicing significant concern over directives issued to several law firms to attend court for part-heard criminal cases during the ongoing legal vacation.
According to Ghana Web, the petition, signed by GBA National President Efua Ghartey, noted that prominent legal chambers such as Zoe, Akyea and Co, Dame and Partners, and Sam Okudzeto and Associates have expressed dissatisfaction after receiving warrants instructing certain judges to continue trials during the recess period. Ghartey emphasized that the High Court traditionally observes three vacation periods as per Order 79, Rule 4 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), with the current vacation from August 1 to September 30 being the longest.
Ghartey explained that these vacations are essential for legal practitioners, judicial staff, and judges to recuperate from the demanding court schedules. The GBA highlighted that although Vacation Courts and Virtual Courts are operational for emergency interlocutory applications, they do not conduct full trials during this period. Participation in these sessions is deemed voluntary for legal counsel.
The Association underscored that attorneys are not obligated to appear in Vacation Courts and that cases cannot proceed if counsel indicates their unavailability. The GBA cautioned against compelling litigants to represent themselves or advancing trials without legal representation, warning that such actions could suggest bias or selective justice.
The GBA also highlighted the strenuous conditions faced by lawyers, including the recent implementation of afternoon court sittings, and called on the Judiciary to prioritize the mental health and well-being of legal professionals by respecting their vacation time. The GBA President urged the Chief Justice to honor the long-standing traditions of legal vacation and expressed confidence in a favorable resolution to the petitions.