The Ghana Bar Association (GBA) has written to Chief Justice Paul Baffoe-Bonnie to remind judges that cases cannot proceed without available counsel. The association made this appeal in a letter on Monday, August 10.
Court Proceedings Halted Without Counsel
The GBA's intervention follows complaints from three law firms regarding notices directing their lawyers to appear before judges to continue hearing part-heard criminal cases during the current legal vacation. The association argues that such directives undermine the purpose of the legal vacation and depart from established judicial practice.
The legal vacation, which runs from August 1 to September 30, is intended to give judges, lawyers, and judicial staff a necessary break from the demanding court calendar. However, Vacation Courts may sit to deal with urgent and interlocutory matters during the period.
Established Rules and Traditions
The GBA has long maintained that counsels are not under any compulsion to appear before a Vacation Court. According to the association, once counsel in a matter indicates their unavailability to attend Court during the vacation, the matter should be adjourned rather than proceeding without the lawyer.
In a letter to the Chief Justice, the GBA said, "Counsels are not under any compulsion whatsoever to appear before a Vacation Court." They also stated, "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 if Counsel on either side or on both sides indicate their inability to proceed with the scheduled matter in Court during the vacation."
Urging Adherence to Established Rules
The GBA has consequently urged the Chief Justice to take steps to ensure that judges adhere to the established rules and traditions governing the legal vacation. The association said that respect for the practice would preserve its purpose and promote effective participation in the administration of justice.
The GBA's intervention is likely to have significant implications for the administration of justice in Ghana. It remains to be seen how the Chief Justice will respond to the association's appeal.
Source: Joy Online
