Ghana High Court: Judges Can Conduct Full Trials During Vacation

• The Ghana Bar Association's position on criminal trials during legal recess is not supported by law.
• Vacation courts can conduct full trials, and judges can proceed with cases even without counsel.
• Lawyers who refuse to appear before Vacation Courts risk exposing their clients to serious consequences.

This means that judges who have been authorized to sit during the vacation can proceed with cases even without counsel.

The Ghana Bar Association (GBA) has been arguing that vacation courts should only handle urgent matters during the legal recess, but this stance is not supported by law. According to Dr Justice Srem-Sai, Deputy Attorney-General and Minister of Justice, the decision to conduct proceedings during the annual legal vacation rests with the Bench, not lawyers. This means that judges who have been authorized to sit during the vacation can proceed with cases even without counsel. In fact, Dr Srem-Sai warned that lawyers who refuse to appear before Vacation Courts could expose their clients to serious consequences.

The GBA's position is based on a perceived convention that vacation courts only deal with emergencies and interlocutory matters, not trials. However, Dr Srem-Sai cited Order 79 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), which expressly empowers the Chief Justice to schedule hearings during vacation periods when required. This rule is intended to give lawyers, judges, and judicial staff a deserved period of rest after the second term, but it does not restrict the types of cases that can be heard during the recess.

The GBA's petition supports the position of lawyers who want to take a break during the legal vacation. However, Dr Srem-Sai emphasized that the willingness and availability of counsel are not the only considerations in determining whether proceedings should take place during the vacation. In fact, judges have the authority to proceed with cases even without counsel, which means that clients' interests may be compromised if lawyers refuse to appear before Vacation Courts.

Lawyers who refuse to appear before Vacation Courts risk exposing their clients to serious consequences, as judges can proceed with cases even without counsel.

Source: Original reporting via Ghanaian Times