Chief Justice Paul Baffoe-Bonnie has declared that a sitting judge can hear cases during the legal vacation, rejecting the notion that lawyers can refuse to proceed due to personal arrangements. This statement directly challenges the Ghana Bar Association's (GBA) appeal for lawyers to be excused from court duties during this period.
The Chief Justice emphasized that a judge ready to hear a case cannot be prevented from doing so simply because counsel has made other plans. He stated that lawyers can only take leave if their clients permit it. This position underscores a commitment to maintaining judicial proceedings and reducing potential delays in the justice system.
This directive comes amidst ongoing discussions about judicial efficiency and the management of court schedules in Ghana. The legal vacation, typically from August 1 to September 30, is intended to provide a break for legal professionals. However, the Chief Justice's comments suggest a push for greater flexibility and continuous operation of the courts, especially for cases that are ready to proceed.
Speaking at the 2nd Quadrennial Delegates Congress of the Senior Staff Association of the Judicial Service of Ghana in Sunyani, Chief Justice Baffoe-Bonnie criticized the practice of lawyers writing to the Chief Justice to request adjournments based on vacation plans. He clarified that decisions on adjournments are judicial acts made by the presiding judges, not administrative decisions by the Chief Justice.
The Chief Justice's remarks follow a letter from the Ghana Bar Association dated August 10, 2026. The GBA appealed to the Chief Justice, expressing concerns about lawyers being compelled to appear in court during the legal vacation. The Association argued that lawyers who had indicated their unavailability should not be forced to attend proceedings.
The GBA's appeal was prompted by petitions from law firms like Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates. These firms received notices requiring their counsel to appear before judges designated to continue part-heard criminal cases during the vacation period.
The GBA cited Order 79, Rule 4 of the High Court (Civil Procedure) Rules, 2004, CI 47, which outlines the three annual court vacations, with the second being the longest. The Association maintained that while Vacation Courts and Virtual Courts may handle urgent interlocutory applications, trials are not ordinarily conducted during this time.
The GBA further argued that the willingness and availability of counsel should be a key factor in determining whether a matter proceeds. It asserted that if counsel indicates unavailability during the vacation, the court should not proceed with the case. The Association also contended that parties in civil and criminal cases should not be compelled to represent themselves if their lawyers are absent during the legal vacation.
Deputy Attorney-General and Minister for Justice Dr. Justice Srem-Sai has also weighed in on the controversy. He maintained that the decision on whether proceedings should continue rests with the court, not with counsel. This aligns with the Chief Justice's stance, reinforcing the judiciary's authority over court schedules.
The implications of this directive are significant for Ghana's legal system. It could lead to a reduction in case backlogs and improve the efficiency of judicial processes. Lawyers may need to adjust their vacation planning to accommodate potential court appearances, or ensure their clients grant them explicit leave. This development signals a move towards a more continuous and less interrupted judicial calendar, aiming to enhance the timely delivery of justice across the nation.