The Ghana Bar Association (GBA) has urged the Chief Justice, Justice Paul Baffoe-Bonnie, to uphold the established rules and conventions governing legal vacations, stressing that lawyers are not compelled to appear before Vacation Courts.
The position was contained in a letter dated August 10, 2026, and signed by the GBA National President, Efua Ghartey, and addressed to the Chief Justice.
The GBA said it had received petitions from law firms, including Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates, expressing concern over notices served on them pursuant to warrants issued to specific judges to continue with part-heard criminal cases during the legal vacation.
According to the Association, Order 79, Rule 4 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), provides for three annual vacations, with the second and longest vacation running from August 1 to September 30.
The GBA explained that the legal vacation was intended to provide judges, lawyers and judicial staff with a period of rest following the rigorous court schedule, particularly after the second term, which it described as the longest term of the legal year.
The Association acknowledged that, by convention, certain courts are designated as Vacation Courts to deal with emergencies during the legal vacation, particularly interlocutory matters.
It noted that the introduction of Virtual Courts has also allowed such matters to be handled during the vacation, but maintained that trials are not ordinarily conducted during the period.
“However, the overriding consideration in any matter brought before a Vacation Judge has always been the willingness/availability of Counsel to appear before the Court in any matter slated for conduct during the vacation,” the GBA stated.
It emphasised that counsel are not under any compulsion to appear before a Vacation Court.
“Once Counsel in a matter indicates their unavailability to attend Court during the vacation, even though the Court may have listed their case, it cannot proceed with the case in any way, if Counsel on either side or on both sides indicate their inability to proceed with the scheduled matter in Court during the vacation,” the Association said.
The GBA further argued that an accused or other party in a trial should not be compelled to represent themselves merely because their lawyer is unavailable during the legal vacation.
“Innocent parties in a trial, civil or criminal ought not be coerced by a Judge to represent themselves as the absence of a Lawyer is not considered willful during a Legal Vacation,” it said.
The Association maintained that in such circumstances, the appropriate action for the judge would be to adjourn the matter to dates proposed by counsel.
The GBA warned that any attempt to depart from the established practice, “with or without a warrant”, could create perceptions of bias or selective justice.
It also pointed to the workload faced by lawyers, particularly following the introduction of afternoon court sittings under a new judicial scheme.
“Lawyers have had to bend over backwards to extend their office hours, especially when this very term saw the introduction of Afternoon Court Sittings under the new scheme,” the Association said.
It added that several lawyers had already made plans for the legal vacation, including preparing written submissions, travelling to other jurisdictions and attending pre-scheduled conferences. Some law firms, it noted, had also closed for the entire vacation period.
The GBA stressed that lawyers were personally responsible for their wellbeing and needed to maintain a healthy work-life balance.
“Duly earned vacations must therefore, not be tampered with,” it said.
The Association, however, reaffirmed its commitment to working with the Judiciary to ensure the smooth and speedy administration of justice.
“The Ghana Bar Association has always cooperated with the Judiciary, to ensure the smooth and speedy delivery of justice and trust that on this occasion, the Judiciary in like manner would abide by the Rules of Court and the entrenched, sacred and treasured traditions relating to legal vacations,” it stated.
The GBA concluded by expressing confidence that the petitions brought before the Chief Justice would be considered favourably.