Courts, Vacation and the Rule of Law - Let's Not Turn Procedure Into Anarchy

Ghana’s courts are currently on their legal vacation. It is the period judges and lawyers traditionally use to rest, write judgments, and plan for the next legal year.

Yet, in a directive that has sparked debate, the Chief Justice, His Lordship Baffoe Bonnie, has ordered that some High Courts remain open to hear select cases. Many of these are landmark matters involving former appointees of the erstwhile Akufo-Addo government.

The decision has not sat well with some lawyers. Prominent names like Godfred Yeboah Dame, the immediate past Attorney General, and Samuel Ata Kyea have declined to attend the vacation sittings. Their argument is simple: such arrangements should be by agreement between parties, not by directive.

In one of the cases involving Mr. Adu Boahene, former boss of the National Signals Bureau, and his wife, the situation came to a head last week. Mr. Ata Kyea did not appear in court. The presiding judge warned the defendants that if their lawyer fails to show up for the next sitting on 25th August, they will have to cross-examine the witness themselves.

Where the Concern Lies
This standoff is not just about convenience or scheduling. It touches the heart of how we run our justice system.

Constitutions are created to prevent anarchy. And it is the courts, manned by judges, who use the constitution to prevent anarchy. Lawyers, as officers of the court, also have a duty to uphold that same order.

When judges issue directives to keep the wheels of justice turning, and lawyers boycott on principle, we risk a breakdown. When lawyers refuse to show up and judges threaten self-representation, we risk turning courtrooms into confusion.

Nobody wins in that scenario. Not the accused, not the state, not the public.

A Caution to All Parties
To the Bench: The judiciary must be seen to balance efficiency with fairness. Landmark cases deserve attention, but the process of scheduling them during vacation should, as much as possible, carry the buy-in of all parties. Justice must not only be done, it must be seen to be done without coercion.

To the Bar: Your protest is valid. Vacation exists for a reason. But the courtroom is not the place to fight administrative directives by absenting yourself, especially when the liberty of your clients is on the line. Use the Bar Association, use motions, use appeals. Do not cede the space and leave defendants to fend for themselves.

To the Defendants and the Public: The judiciary is the last line of defense against lawlessness. If lawyers and judges begin to work at cross-purposes, public confidence erodes. That is how anarchy begins - not with guns, but with institutions failing to talk to each other.

The Bigger Picture
Ghana has spent decades building a reputation for judicial independence and due process. Cases involving high-profile former appointees will test that reputation. They must be handled transparently, but also in a way that preserves the dignity of the court and the rights of all parties.

The Chief Justice has a duty to manage the docket. Lawyers have a duty to their clients and to the profession. Judges have a duty to be fair.

None of these duties are superior to the other. They must work together.

As the next sitting on 25th August approaches, all parties must take a step back. The goal is not to “win” a procedural argument. The goal is to prevent anarchy and ensure justice is served.

Because once the courts lose authority, once lawyers abandon their posts, and once citizens lose faith, the constitution alone cannot save us.

Let reason, dialogue, and the rule of law prevail.

The author is regular contributor to News Commentary, a current affairs programme by the Ghana Broadcasting Corporation, and a columnist with Modern Ghana, an esteemed online news portal.

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