Omanghana
The Ghana Bar Association has petitioned Chief Justice Paul Baffoe-Bonnie over directives requiring selected High Court judges to continue hearing part-heard criminal cases during the judiciary’s annual legal vacation.
The association argues that compelling judges and lawyers to conduct continuous substantive trials during the recess departs from established court rules and long-standing professional practice. It also maintains that the arrangement creates avoidable administrative difficulties for law firms, legal practitioners and judicial officers.
Under the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the annual legal vacation runs from August 1 to September 30. The period traditionally allows judges, lawyers and judicial employees to rest after the regular court calendar.
The GBA’s intervention followed complaints from Zoe, Akyea & Co., Dame & Partners, and Sam Okudzeto & Associates. Lawyers from the three firms reportedly received notices requiring them to attend continuous hearings during the 2026 vacation period.
In its petition, signed by National President Efua Ghartey, the association argued that designated vacation courts have historically handled urgent applications, interlocutory matters and emergencies rather than full substantive trials.
The GBA warned that continuing criminal proceedings during the recess could affect an accused person’s right to proper legal representation. It noted that some lawyers had already arranged international commitments, annual leave or temporary office closures based on the official court calendar.
According to the association, courts should adjourn cases when defense counsel are legitimately unavailable instead of asking accused persons to represent themselves or proceed without their preferred lawyers.
The controversy has exposed differing interpretations of the purpose and scope of the legal vacation.
The GBA maintains that the recess is a deeply established feature of Ghana’s legal system and should be respected by the courts. It contends that lawyers cannot be compelled to participate in continuous trials during a period officially designated as a vacation.
Chief Justice Paul Baffoe-Bonnie has reportedly taken a different position, arguing that a defense lawyer cannot rely on the vacation calendar to avoid proceedings when a presiding judge is available and prepared to hear a case.
He maintained that the legal vacation primarily exists for judges and does not constitute an automatic right for private legal practitioners to suspend all court-related work.
The Deputy Attorney General has also challenged the GBA president’s interpretation, describing her position as mistaken. State prosecutors argue that the timely administration of justice and efforts to reduce the backlog of cases should take precedence.
The dispute recently escalated during criminal proceedings involving former National Signals Bureau Director-General Kwabena Adu Boahene.
His lawyer, Atta Akyea, walked out of the proceedings after accusing the presiding judge of bias and “egregious partiality” for insisting that the case continue during the vacation period.
Akyea also objected to the court proceeding while an application seeking to prohibit the judge from hearing the case was reportedly pending before the Supreme Court.
The GBA has asked the Chief Justice to reconsider the directives and ensure that the established rules governing vacation courts are respected. The association believes resolving the matter will protect the rights of accused persons while preserving cooperation among judges, private lawyers and state prosecutors.
Source: Omanghana
