Stop compelling lawyers to appear in court during legal vacation - GBA tells Chief Justice

The Ghana Bar Association (GBA) has appealed to Chief Justice Paul Baffoe-Bonnie to ensure that judges adhere to the established rules and traditions governing Ghana's legal vacation, following complaints from lawyers over directives compelling their appearance in court during the break.

In a letter dated 10 August 2026 and signed by National President Efua Ghartey and National Secretary Kwaku Gyau Baffour, the GBA said it was responding to petitions from Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates, who raised concerns over notices served on them by virtue of warrants issued to specific judges to continue part-heard criminal cases during the vacation.

The association explained that under the High Court (Civil Procedure) Rules, 2004, CI 47, specifically Order 79, Rule 4, the High Court observes three vacations annually, with the second and longest running from 1 August to 30 September. It said the rule exists to give lawyers, judges, and judicial staff a deserved period of rest after the second term, the longest in the legal calendar.

While acknowledging that Vacation Courts and Virtual Courts have, by convention, been designated to handle emergencies such as interlocutory matters, the GBA stressed that these courts do not conduct trials. It maintained that the overriding consideration for any matter before a Vacation Judge remains the willingness and availability of counsel to appear, adding that lawyers are under no compulsion to attend court during the vacation.

"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," the letter stated, noting that this applies whether one or both sides indicate their inability to proceed.

The association further argued that innocent parties in civil or criminal trials should not be coerced by a judge into representing themselves, since the absence of a lawyer during a legal vacation is not considered wilful. It said no step should be taken in such matters beyond adjourning to dates proposed by counsel.

The GBA cautioned that any attempt to compel proceedings during the vacation, warrant or not, "will smack of bias or selective justice," pointing out that lawyers have already extended their office hours following the introduction of Afternoon Court Sittings this term. It noted that several lawyers have written submissions to complete during the break, others are scheduled in different jurisdictions for pre-arranged conferences, and some law firms have shut down entirely for the vacation period.

Describing legal vacations as a duly earned entitlement tied to lawyers' well-being and work-life balance, the GBA urged the Judiciary to reciprocate its longstanding cooperation by upholding the Rules of Court and what it called the "entrenched, sacred and treasured traditions" surrounding legal vacations.