The Ghana Bar Association (GBA) has urged the Judiciary to strictly observe the legal vacation and refrain from compelling lawyers to appear before courts during the recess, particularly in part-heard criminal trials.
In a letter dated August 10, 2026, and addressed to the Chief Justice, Justice Paul Baffoe Bonnie, the GBA said it had received petitions from the law firms of Zoe, Akyea & Co, Dame & Partners and Sam Okudzeto & Associates regarding notices served on them to continue with part-heard criminal cases during the legal vacation.
The Association said the legal vacation, which runs from August 1 to September 30, was provided for under the High Court (Civil Procedure) Rules, 2004, C.I. 47, specifically Order 79, Rule 4.
According to the GBA, the vacation exists to provide judges, lawyers and judicial staff with a period of rest following the second term of the legal year, which is the longest term.
It explained that although the Judiciary, in consultation with stakeholders, had traditionally designated certain courts as Vacation Courts to deal with urgent matters, such courts had generally been limited to interlocutory and emergency applications and did not conduct trials.
The Association noted that the introduction of virtual courts had also expanded the mechanisms available for handling matters during the vacation, but maintained that the same limitations applied.
A key concern raised by the GBA is the availability of legal counsel during the vacation.
The Association said it had been an established practice that lawyers were not compelled to appear before a Vacation Court, adding that where counsel indicated their unavailability, the court could 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,” the GBA stated.
The Association further argued that the absence of a lawyer during the legal vacation should not be treated as wilful and that an accused or other party to proceedings should not be compelled to represent themselves because their lawyer was unavailable.
It said in such circumstances, the appropriate course of action was for the judge to adjourn the case to a date proposed by counsel.
The GBA warned that departing from the established practice, even where warrants had been issued for judges to continue with part-heard criminal cases, could raise concerns about fairness.
“Any attempt to do otherwise, with or without a warrant will smack of bias or selective justice,” the Association said.
The Association also pointed to the increasing workload faced by lawyers, particularly following the introduction of afternoon court sittings under the Judiciary’s new scheme.
It said lawyers had already made arrangements to prepare and submit work during the vacation, while some had scheduled engagements in other jurisdictions and pre-arranged conferences.
According to the GBA, some law firms had also closed for the entire legal vacation.
The Association stressed that lawyers, like other professionals, required adequate time away from work to maintain their wellbeing and achieve a healthy work-life balance.
“Duly earned vacations must therefore, not be tampered with,” it said.
The GBA said it had consistently cooperated with the Judiciary to promote the smooth and speedy administration of justice and expected the Judiciary to reciprocate by respecting the rules and longstanding traditions governing legal vacations.
