Politics & Policy

    Deputy Attorney General Warns Lawyers Boycotting Vacation Courts Fail Clients

    Dr. Justice Srem-Sai expresses concern over legal representation for accused persons during ongoing judicial dispute.

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    Ghana’s Deputy Attorney-General and Minister for Justice, Dr. Justice Srem-Sai, has expressed significant concern regarding accused persons whose lawyers are boycotting vacation courts. He stated that lawyers who avoid court proceedings due to the ongoing dispute over vacation sittings could leave their clients vulnerable. This situation is especially critical in criminal cases where individuals have a constitutional right to legal representation. Dr. Srem-Sai’s comments directly address the actions of lawyers refusing to appear in court during the legal vacation. He highlighted that such boycotts potentially deprive accused persons of effective legal counsel. The Deputy Attorney-General believes that the disagreement over legal vacation practices should not compromise the fundamental rights of those facing trial. This issue is part of a growing conflict between the Ghana Bar Association (GBA) and the judiciary. The GBA has questioned the Chief Justice’s directive for certain courts to continue substantive trials during the legal vacation. Traditionally, this period has been reserved for urgent applications, motions, and interlocutory matters. However, the judiciary and the government maintain that designated Vacation Courts possess the authority to hear all types of cases during this time. Speaking on JoyNews’ Top Story, Dr. Srem-Sai responded to remarks made by lead counsel Samuel Atta Akyea. Mr. Atta Akyea had defended his decision not to appear in court, describing the conduct of substantive trials during the vacation as an “aberration” and “selective justice.” Dr. Srem-Sai countered that this stance worried him deeply from the perspective of an accused person relying on their lawyer to protect their rights. He stressed that lawyers with legitimate reasons for absence should seek adjournments, not unilaterally refuse to participate. The implications of this dispute are far-reaching, particularly for the justice system and the rights of accused individuals. If lawyers continue their boycott, some trial judges have warned that accused persons appearing without counsel may need to cross-examine prosecution witnesses themselves. This scenario could severely prejudice their cases and undermine the principle of fair trial. The ongoing disagreement could also lead to significant delays in legal proceedings, further burdening Ghana's already stretched judicial system. Decision-makers within the legal fraternity, including the GBA and the judiciary, will need to find a resolution to this impasse. The focus must remain on upholding the constitutional rights of accused persons to legal representation. Failure to do so could erode public trust in the justice system and create a backlog of unresolved cases. The situation demands a swift and amicable resolution to ensure justice is not delayed or denied.

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