Ghana legal vacation does not stop courts from sitting – Deputy Attorney-General

Ghana’s Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has rejected the suggestion that lawyers can decide whether court proceedings continue during the legal vacation.

He said the legal vacation, which runs from 1 August to 30 September, was intended to reduce the workload of the superior courts, not bring judicial proceedings to a halt.

“The key point here, however, is that the courts scale down on work significantly – they do not shut down,” Dr Srem-Sai said.

His comments come after the Ghana Bar Association (GBA) urged Chief Justice Paul Baffoe-Bonnie to ensure judges followed established traditions governing the legal vacation.

The GBA has objected to lawyers being directed to appear in court after notifying judges that they would be unavailable during the period.

The association says Vacation Courts have traditionally dealt with urgent and interlocutory matters rather than conducting trials.

It has argued that where lawyers indicate they cannot attend, cases should be adjourned rather than proceed without them.

But Dr Srem-Sai said the legal vacation should not be interpreted as a period during which lawyers could unilaterally determine whether proceedings would continue.

He said the courts remained operational, with the Chief Justice deciding which judges would sit during the period through warrants authorising them to perform judicial duties.

According to the Deputy Attorney-General, a Vacation Judge can hear both interlocutory and substantive matters in cases from their own court.

Where a case originated from another judge's court, however, the Vacation Judge may be restricted to interlocutory matters.

Dr Srem-Sai said the distinction was necessary because the substantive judge assigned to a case remained responsible for ultimately determining it.

He said the arrangement was designed to ensure continuity in the administration of justice while allowing judges to take their own vacation at appropriate times.

The exchange highlights a difference between the Bar Association and the government over how the longstanding legal vacation should operate.

The GBA has asked the Chief Justice to uphold what it describes as established rules and traditions, while the Deputy Attorney-General says the courts retain the authority to continue proceedings during the period.