Ghana's Chief Justice, Paul Baffoe-Bonnie, has firmly rejected the notion that the legal vacation period prevents judges from hearing cases. He stated that judges ready to proceed with a case cannot be stopped simply because lawyers have made personal arrangements during the vacation.
This declaration directly contradicts the Ghana Bar Association's (GBA) stance, which argues that lawyers should not be compelled to attend court during the vacation. The GBA had written to the Chief Justice, citing concerns from law firms about notices requiring counsel to appear for part-heard criminal cases. The Association believes the vacation period, particularly the longest one from August 1 to September 30, is intended for a break for all legal professionals.
Chief Justice Baffoe-Bonnie made these remarks at the 2nd Quadrennial Delegates Congress of the Senior Staff Association of the Judicial Service of Ghana in Sunyani. He stressed that lawyers can only take leave if their clients permit it. He criticized the practice of lawyers informing the Chief Justice that cases should not proceed due to their vacation plans.
The Chief Justice further clarified that decisions on adjournments are judicial acts made by the presiding judges. These decisions do not fall under the administrative authority of the Chief Justice. This point underscores the independence of judges in managing their dockets.
The GBA, in its letter dated August 10, 2026, referenced the High Court (Civil Procedure) Rules, 2004, CI 47, specifically Order 79, Rule 4. This rule outlines the three annual vacations observed by the High Court. The Association contended that while Vacation Courts and Virtual Courts handle urgent matters, trials are not typically conducted during this period.
The GBA maintained that a lawyer's willingness and availability should be a key factor in determining whether a matter proceeds. It argued that if counsel indicates unavailability, the court cannot proceed with the case. The Association also stated that parties in civil and criminal cases should not be forced to represent themselves if their lawyers are absent during the legal vacation.
This disagreement has ignited a broader discussion within Ghana's legal fraternity regarding the scope of court activities during the vacation period. Deputy Attorney-General and Minister for Justice, Dr. Justice Srem-Sai, has also weighed in on the matter. He supports the Chief Justice's position, asserting that the decision on whether proceedings continue rests with the court, not with the counsel.
The ongoing debate highlights a tension between the traditional practice of legal vacation and the need for continuous judicial proceedings. The Chief Justice's firm stance indicates a push towards greater efficiency and uninterrupted justice delivery. This development will likely influence how legal professionals plan their schedules and how courts manage their caseloads in the future. The legal community will be closely watching how this directive impacts court operations and case backlogs.