The Ghana Bar Association (GBA) has called for adherence to the longstanding convention governing the operation of courts during Ghana’s legal vacation, particularly over the continuation of part-heard criminal cases.
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.
During the break, the Judiciary, in consultation with other stakeholders, has traditionally designated selected vacation courts to deal with urgent matters that cannot wait until the regular court term resumes.
The GBA said these courts have historically been limited to emergencies and interlocutory applications, with trials not forming part of their mandate.
The Association noted that the same principle has been applied to virtual courts introduced to facilitate proceedings during the vacation.
The latest concerns follow petitions from Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates, after lawyers from the firms received notices requiring them to appear before designated judges in connection with part-heard criminal cases.
The GBA said the availability of counsel has always been an important consideration when matters are listed during the legal break. It argues that where a lawyer for either side indicates an inability to attend, the court should not proceed with the matter.
The Association further cautioned against situations in which parties could be left without legal representation because their lawyers are unavailable during the vacation.
“Once Counsel in a matter indicates their unavailability to attend Court during the vacation,” the Association said, the court should not proceed with the scheduled matter.
The GBA said it expects the Judiciary to consider the petitions from the affected law firms favourably and uphold what it described as the “sacred and treasured traditions relating to legal vacations.”
Read thye statement below:
