Ghana Bar Association: Enforce Legal Vacation Rules, Halt Vacation Trials

• The Ghana Bar Association has urged Chief Justice Paul Baffoe-Bonnie to ensure strict adherence to legal vacation rules.
• Concerns arose from lawyers being served notices to continue part-heard criminal cases during the annual court break.
• The legal vacation, from August 1 to September 30, is stipulated by the High Court (Civil Procedure) Rules, 2004 (C.I. 47).
• The GBA asserts that lawyers are not compelled to appear in vacation courts, which traditionally handle only urgent interlocutory matters.
• Courts cannot proceed with a case if counsel indicates unavailability during the legally recognized vacation period.

The Ghana Bar Association unequivocally stated that lawyers are under no obligation whatsoever to appear before a vacation court.

The Ghana Bar Association (GBA) has formally urged Chief Justice Paul Baffoe-Bonnie to uphold established legal vacation protocols, following a wave of complaints from legal practitioners. These concerns specifically relate to attempts by some courts to continue hearing part-heard criminal cases during the judiciary's annual break. The GBA communicated its position in a letter dated August 10, 2026, which was signed by its National President, Efua Ghartey.

The Association's intervention came after receiving petitions from prominent law firms, including Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates. These firms expressed significant dissatisfaction with notices they had received, which stemmed from warrants issued to particular judges authorizing them to proceed with part-heard criminal matters during the designated legal vacation. This situation arose shortly after the conclusion of events on July 31, 2026, commemorating the 150th anniversary of the Supreme Court Ordinance of 1876.

The GBA underscored that the legal vacation period is explicitly outlined in the High Court (Civil Procedure) Rules, 2004 (C.I. 47). According to these rules, the second vacation of the legal year is scheduled to run from August 1 through September 30. This period, the Association clarified, was deliberately instituted to provide judges, lawyers, and judicial staff with essential time to recuperate from the demanding court calendar, particularly after the second term, which is recognized as the longest in the legal year.

While acknowledging the existence of designated vacation courts intended to address emergencies during the break, the GBA emphasized that these courts have historically been confined to handling only urgent interlocutory matters, not full trials. This established practice also extends to virtual courts operating during the vacation period. A fundamental and long-standing principle governing these vacation courts, as highlighted by the GBA, is the voluntary availability of legal counsel.

The Ghana Bar Association unequivocally stated that lawyers are under no obligation whatsoever to appear before a vacation court. This principle dictates that if counsel in a case indicates their unavailability to attend court during the vacation period, the court, even if it has listed the matter, cannot proceed with the case in any manner. This applies if counsel on either side, or both, declare their inability to participate in the scheduled proceedings during the break.

Furthermore, the GBA argued strongly against compelling litigants to represent themselves simply because their legal counsel is absent during a legally recognized vacation period. The Association stressed that the absence of a lawyer under such circumstances is not to be considered willful. Any judicial attempt to proceed with cases despite the declared unavailability of counsel, the GBA warned, risks creating perceptions of unfairness, bias, or even selective justice within the legal system.

The GBA's call to the Chief Justice is particularly pertinent given the increasing workload faced by legal practitioners, which now includes the recent introduction of afternoon court sittings. Many lawyers, the Association noted, have already made arrangements for holidays, professional conferences, or other commitments outside the jurisdiction during the official vacation period.

The Association firmly asserted that lawyers bear personal responsibility for their well-being and must maintain a healthy work-life balance. Consequently, duly earned vacations should not be disrupted. The GBA's stance reinforces the importance of respecting established legal traditions and rules, ensuring that the Ghana legal year break serves its intended purpose for all stakeholders in the justice system.

Lawyers in Ghana should be aware of the Ghana Bar Association's firm stance on legal vacation rules, particularly that counsel are not compelled to appear in vacation courts for part-heard criminal cases. This provides grounds to challenge court directives that attempt to proceed with matters despite a lawyer's declared unavailability during the official vacation period, and informs client advice regarding case scheduling and representation during this time.

Source: Original reporting via news reports