By Franklin ASARE-DONKOH
The Ghana Bar Association (GBA) has petitioned the Chief Justice, His Lordship Justice Paul Baffoe-Bonnie, to protest administrative directives requiring lawyers to appear in court for full criminal trials during the annual legal vacation.
The GBA warned that compelling lawyers to appear during the recess, particularly after several prominent law firms objected to being required to participate in ongoing cases, could undermine established judicial traditions and create a risk of “selective justice”.
In a petition signed by its National President, Efua Ghartey, the association cited concerns raised by prominent law firms, including Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates, over notices requiring them to handle part-heard criminal cases during the August-September recess.
The GBA argued that the legal vacation, which runs from August 1 to September 30, is a statutory period provided under C.I. 47 for lawyers to take a break from regular court proceedings, rather than for full trials to continue.
While acknowledging the existence of vacation courts, the association said, by convention, such courts are intended to deal with urgent and exceptional matters rather than continuous, full-day hearings.
A major concern for the Bar is the mandatory nature of the directives, which it argues undermines the voluntary nature of legal practice during the vacation period.
The GBA maintained that counsel should not be compelled to attend court during the recess and that where a lawyer is unavailable, the affected case should be adjourned.
The issue has sparked debate, with Deputy Attorney-General Dr Justice Srem-Sai arguing that the legal vacation should not be used to unnecessarily delay the administration of justice.
While some critics argue that suspending high-profile cases for two months could leave accused persons in legal limbo, the GBA has maintained its position and urged the Chief Justice to uphold established legal traditions governing the annual vacation.
ATTACHED IS THE STATEMENT;
