Judges in Ghana can hear substantive legal cases during the annual legal vacation, but only if the lawyers involved are consulted and agree to the arrangement. Former Deputy Attorney General Alfred Tuah-Yeboah clarified this established procedure, addressing ongoing debate about court sittings during the judicial recess. His comments highlight the importance of lawyer consent in maintaining judicial process integrity.
This explanation follows controversy surrounding the decision to allow certain cases to proceed during the current legal vacation. Notably, proceedings involving former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahen and former National Food and Buffer Stock Company (NAFCO) Chief Executive Officer Hanan Abdul-Wahab have drawn scrutiny. The core issue, according to Tuah-Yeboah, is the alleged lack of consultation with lawyers in these specific instances.
The practice of judges sitting during legal vacation predates Ghana's independence. Traditionally, vacation judges handle urgent matters such as bail applications, injunctions, probate, and letters of administration. These are typically not substantive trials involving extensive evidence taking and cross-examination of witnesses. However, a procedure exists for substantive matters to be heard during this period.
Mr. Tuah-Yeboah, speaking on JoyNews' The Pulse on August 12, explained the established protocol. He stated that if a vacation judge intends to hear a substantive matter, the lawyers in the case are always consulted. If they have no objection, a warrant is secured, and the matter proceeds during the legal vacation. This consultation ensures fairness and adherence to due process.
The current controversy stems from claims that lawyers in specific cases were not involved in the decision to hear matters during the legal vacation. This alleged absence of consultation is the key concern, not the authority of the Chief Justice to authorize judges to sit. Tuah-Yeboah stressed that his position does not challenge the Chief Justice's power. Instead, it upholds the established practice requiring lawyer participation and consent for substantive hearings during the recess.
This clarification comes as Samuel Atta Akyea, lead counsel for former National Signals Bureau Director Kwabena Adu-Boahene, was absent from court on Tuesday. This absence occurred despite a directive for the trial to continue during the legal vacation. Deputy Attorney General Dr. Justice Srem-Sai has argued that lawyers cannot unilaterally refuse to appear before Vacation Courts. He maintains that selected judges have the authority to conduct both interlocutory and substantive proceedings during this period.
However, Mr. Tuah-Yeboah's perspective emphasizes that while substantive hearings can occur, the participation and consent of counsel are integral to the established practice. This ensures that the judicial process remains fair and transparent, even during periods of judicial recess. The legal community will closely watch how these differing interpretations impact ongoing and future cases scheduled during vacation periods. Adherence to established procedures is crucial for public confidence in the justice system.