The Ghana Bar Association has called on Chief Justice Paul Baffoe-Bonnie to ensure strict compliance with legal vacation rules, following reports of attempts to continue hearing part-heard criminal cases during the annual court break.
In a letter dated August 10, 2026, and signed by National President Efua Ghartey, the Association said it had received petitions from the law firms of Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates. The firms protested notices served on them after warrants were issued to certain judges to proceed with part-heard criminal matters during the vacation period.
The concerns emerged shortly after events marking the 150th anniversary of the Supreme Court Ordinance of 1876, which ended on July 31, 2026.
The GBA noted that the legal vacation is expressly provided for under the High Court (Civil Procedure) Rules, 2004 (C.I. 47). The second vacation of the legal year runs from August 1 to September 30. The Association explained that the break was deliberately created to allow judges, lawyers and judicial staff to recover from the demands of the court calendar, especially after the second term, described as the longest in the legal year.
While acknowledging that some courts are designated as vacation courts to handle emergencies, the GBA stressed that these traditionally deal only with urgent interlocutory matters and do not conduct trials. The same practice applies to virtual courts operating during the vacation.
A longstanding principle governing vacation courts, the Association emphasised, is the voluntary availability of lawyers. “Counsel are not under any compulsion whatsoever to appear before a Vacation Court,” the GBA stated. Where lawyers indicate unavailability, courts should not proceed with the matter.
“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,” the letter said.
The Association further argued that litigants should not be forced to represent themselves simply because their lawyers are unavailable during a recognised vacation period. “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,” it added.
Proceeding despite counsel’s unavailability could create perceptions of unfairness and selective justice, the GBA warned. “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.”
The Association also highlighted the growing workload on legal practitioners, including the recent introduction of afternoon court sittings. Many lawyers, it said, had already scheduled holidays, conferences and other professional commitments outside the jurisdiction during the 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.”
Reaffirming its commitment to the efficient administration of justice, the GBA expressed confidence that the Judiciary would uphold both the Rules of Court and the longstanding traditions governing legal vacations. “In light of the above, we are confident that the said petitions will be considered favourably,” the letter concluded.
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