The Ghana Bar Association (GBA) is raising concerns over the Chief Justice’s directive for some cases to continue while the judiciary goes on legal vacation.
The Association, in a letter dated, Monday, August 10, 2026, addressed to the Chief Justice, Paul Baffoe-Bonnie, appealed to him to ensure the established rules and traditions governing the legal vacation is adhered by judges.
According to the GBA, although some urgent and interlocutory cases may be attended to by the courts during such period, making the directive for some specific cases to run amid the vacation while lawyers handling the cases have communicated their unavailability goes against the break which is a necessity on the judicial calendar.
The GBA says the legal vacation, which runs from August 1 to September 30, is intended to give judges, lawyers and judicial staff some time to rest after the judicial calendar which demands a lot from them.
The letter added that it has been a longstanding practice for Vacation Courts to refrain from conducting trial, especially where the unavailability of counsels would affect the effective participation of lawyers in proceedings.
In the Association’s argument, it said matters involving lawyers who have notified the court of their unavailability during the legal vacation should be adjourned instead of carrying on without the lawyers since the decision to carry on with such matters solely lie with the lawyers and not the judges.
“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. In other words, Counsel are not under any compulsion whatsoever 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 Efua Ghartey-signed statement indicated.
The GBA’s statement come on the back concerns raised by three law firms who have been given notice for their lawyers to appear before the judges to continue with hearing of some criminal cases they are handling during the legal vacation.
It says the directive compromises the established judicial practice and purpose of the legal vacation, stressing the need for lawyers to be given the opportunity to rest during the vacation period, and should also be able to participate effectively in proceedings when required to do so.
The GBA has therefore urged the Chief Justice to ensure judges stick to the rules governing legal vacation, saying this would preserve its purpose and enhance justice administration in the country.
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