GBA urges Chief Justice to stop judges for compelling lawyers to appear during legal vacation
The Ghana Bar Association (GBA) has called on Chief Justice Paul Baffoe-Bonnie to ensure that judges adhere to established rules and traditions governing the legal vacation, particularly by refraining from compelling lawyers to attend court when they are unavailable.
In a letter to the Chief Justice, the GBA said the legal vacation, which runs from August 1 to September 30, is intended to provide lawyers, judges and judicial staff with a period of respite following the demanding court calendar.
The association acknowledged that designated Vacation Courts may sit during the period to handle urgent and interlocutory matters. However, it stressed that such courts have traditionally not been used to conduct trials.
According to the GBA, where a lawyer informs the court that they are unable to appear during the legal vacation, the appropriate course should be to adjourn the matter rather than proceed in the absence of counsel.
The association’s position follows complaints from three law firms over notices directing them to appear before judges to continue hearing part-heard criminal cases during the current legal vacation.
The GBA said adherence to the established practice would help preserve the purpose of the legal vacation while ensuring that lawyers are given adequate opportunity to participate effectively in proceedings.
Read more below:
From: Ghana Bar Association
Date: 10th August, 2026
To: His Lordship Justice Paul Baffoe Bonnie, Chief Justice of the Republic of Ghana, Supreme Court, Accra
Dear Sir,
OBSERVANCE OF LEGAL VACATIONS
We present to you the compliments of the Ghana Bar Association, especially since this communication is being brought just after the extensive celebrations of the One hundred and Fiftieth anniversary of the Supreme Court Ordinance of 1876. The anniversary was duly marked with the necessary pomp and pageantry and we congratulate your good self and the entire Judiciary for such a feat.
No sooner had we started settling down in the legal vacation after participating fully in the anniversary celebrations which were from April 16, 2026 to July 31, 2026, were two petitions brought to our notice by Messers Zoe, Akyea & Co, Dame & Partners and Sam Okudzeto & Associates, registering their displeasure with notices served on them by virtue of warrants issued to specific Judges to continue with part-heard criminal cases during the legal vacation.
Respectfully, as stipulated in the High Court (Civil Procedure) Rules, 2004, CI 47, specifically order 79, rule 4, the High Court annually observes three vacations, and per rule 4 (b), the second vacation in the Legal year, which is the longest, is from August 1 to September 30. The reason is not far-fetched as in the wisdom of the framers of the Rules of Court, Lawyers, Judges and Judicial staff require a deserved period of rest from the rigorous Court Schedule after the 2nd term of the year, which is also the longest term in the legal year.
This notwithstanding, the Judiciary, with the consent of other stakeholders have by convention over the years, agreed to certain courts being designated as Vacation Courts to handle any emergencies arising during the vacation, usually interlocutory matters and never trials.
In addition to the in-person Court sittings, we now have Virtual Courts that operate during the vacation with the same scope which courts also do not conduct trials.
However, the overriding consideration in any matter brought before a Vacation Judge has always been the willingness/availability of Counsel to appear before the Court in any matter slated for conduct during the vacation. In other words, Counsel are not under any compulsion whatsoever to appear before a Vacation Court. Once Counsel in a matter indicates their unavailability to attend Court during the vacation, even though the Court may have listed their case, it cannot proceed with the case in any way, if Counsel on either side or on both sides indicate their inability to proceed with the scheduled matter in Court during the vacation.
Innocent parties in a trial, civil or criminal ought not be coerced by a Judge to represent themselves as the absence of a Lawyer is not considered willful during a Legal Vacation.
No step whatsoever ought to be taken in the matter by the Judge, apart from adjourning the case to the dates proposed by Counsel.
It is in respect of this time-honored tradition that we write, as any attempt to do otherwise, with or without a warrant will smack of bias or selective justice. Lawyers have had to bend over backwards to extend their office hours, especially when this very term saw the introduction of Afternoon Court Sittings under the new scheme. Vacations, per the Rules of Court ought to be observed as such. Already, it has been brought to our attention that quite a number of Lawyers have written submissions to produce during the Legal Vacation while others are already scheduled to be in other jurisdictions, attending to other equally important matters and pre-scheduled conferences. Some law firms are even closed for the entire period of the legal vacation.
Respectfully My Lord, the Lawyers are personally responsible for their well being and they have to maintain a healthy work-life balance. Duly earned vacations must therefore, not be tampered with.
The Ghana Bar Association has always cooperated with the Judiciary, to ensure the smooth and speedy delivery of justice and trust that on this occasion, the Judiciary in like manner would abide by the Rules of Court and the entrenched, sacred and treasured traditions relating to legal vacations.
In light of the above, we are confident that the said petitions will be considered favourably.
Yours faithfully,
Mrs Efua Ghartey
National President of the Ghana Bar Association (GBA)