The Ghana Bar Association (GBA) has petitioned the Chief Justice, His Lordship Justice Paul Baffoe Bonnie, expressing strong discontent over notices served on several law firms to appear in court for part-heard criminal cases during the ongoing legal vacation.
In a letter signed by the National President of the GBA, Mrs. Efua Ghartey, the Association highlighted petitions received from prominent legal chambers, including Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates. The firms registered their displeasure after receiving notices issued by virtue of warrants directing specific judges to continue trials despite the official recess.
Addressing the Chief Justice, Mrs. Ghartey noted that the High Court annually observes three vacations under Order 79, Rule 4 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). She emphasized that the second vacation, running from August 1 to September 30, remains the longest period of rest designated for legal practitioners, judicial staff, and judges after a grueling term.
“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,” Mrs. Ghartey stated.
The GBA pointed out that while designated Vacation Courts and Virtual Courts exist to attend to emergency interlocutory applications, convention dictates that such courts never conduct full trials. Furthermore, the Association stressed that the participation of legal counsel during the vacation is entirely voluntary.
“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,” the letter emphasized.
The Association warned against coercing litigants to represent themselves or forcing trials to move forward without counsel present, cautioning that any attempt to proceed under such warrants “will smack of bias or selective justice.”
Highlighting the demanding work conditions lawyers faced during the term, including the recent introduction of afternoon court sittings, the GBA urged the Judiciary to respect the mental health and well-being of legal professionals.
“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 GBA President added.
The Association expressed confidence that the Chief Justice will consider the petitions favourably and uphold the sacred traditions governing the legal vacation.
By: Rainbowradioonline.com/Ghana
