The Ghana Bar Association (GBA) has appealed to the Judiciary to respect the legal vacation as a necessary period of rest for lawyers, judges and judicial staff, amid concerns over notices requiring some lawyers to appear in court during the break.
The legal vacation is provided for under Order 79, Rule 4 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). The High Court observes three vacations each legal year, with the second and longest running from August 1 to September 30.
The break follows the second term of the legal year and is intended to provide judges, lawyers and court staff with a period of respite from the demanding court schedule.
Although selected vacation courts operate during the period to handle urgent and interlocutory matters, the GBA says the established practice has been that trials do not proceed during the vacation.
The Association’s latest position follows concerns raised by Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates after lawyers at the firms received notices requiring them to appear before designated judges in connection with part-heard criminal cases.
The GBA says the situation is particularly concerning given the demands placed on lawyers during the just-ended legal term, including the introduction of afternoon court sittings under a new arrangement.
It said some lawyers have also been assigned written submissions to prepare during the vacation, while others have pre-arranged professional commitments, conferences and engagements outside their jurisdictions. Some law firms, it added, have closed for the entire vacation.
The Association said these circumstances make it important for the legal break to serve its intended purpose rather than become an extension of the regular court term.
“Lawyers are personally responsible for their well being and they have to maintain a healthy work-life balance,” the GBA said.
It therefore urged the Judiciary not to undermine the purpose of the vacation by requiring lawyers to attend proceedings when they have indicated that they are unavailable.
The Association maintains that respecting the vacation is not only about giving lawyers time off but also about preserving an established court practice that allows the legal profession to recover before the next term begins.
Read the statement below:
