Chief Justice Gertrude Torkornoo's decision to issue warrants authorising judges to sit during the legal vacation has raised questions about which cases can be heard during this period. The warrants, which have been issued for 26 vacation judges across the country, have sparked public debate over the selection of high-profile or politically sensitive cases.
Vacation Judges Appointed Nationwide
According to Victoria Bright, an international corporate lawyer and entrepreneur, the impression that only a few politically sensitive cases have been selected for hearing during the vacation is inaccurate. Speaking on JoyNews' Newsfile on Saturday, August 15, Ms Bright said that 26 vacation judges have been appointed nationally, covering courts across various regions in Ghana.
The warrants issued by the Chief Justice are not necessarily tied to specific cases, Ms Bright explained. "There's been an impression created by some of the public discussion that the Chief Justice selected only two or maybe seven politically sensitive oral cases for vacation hearing," she said. "And the information that's available suggests that it's not quite accurate, to put it that way."
What the Judicial Service Says About the Vacation
The Judicial Service's long vacation for the superior courts runs from August 1 to the end of September, but activities can continue during the period. Ms Bright stressed that the legal vacation does not mean the courts cease to operate. "Vacation is the general rule, but it's not an absolute jurisdictional shutdown because we know that activities continue," she said.
Order 79, Rule 1.1 of C.I. 47, which is subject to the Courts Act, empowers the Chief Justice to appoint any day, including during the vacation, for the hearing of cases as circumstances require. Rule 4 also makes the vacation subject to Rule 1, reinforcing the position that the legal vacation does not strip the courts of jurisdiction to hear cases.
Implications of the Warrants
The warrants issued by the Chief Justice have significant implications for the operation of the courts during the vacation period. According to Ms Bright, the warrants have not been confined to individual named cases. "The warrants are not necessarily confined to individual named cases," she said. "I think 26 vacation judges have actually been appointed nationally, covering courts across various regions in Ghana."
The issue of the warrants has sparked public debate over the selection of cases for hearing during the vacation. While some have expressed concern that high-profile or politically sensitive cases are being prioritised, Ms Bright has stressed that the warrants are not necessarily tied to specific cases.
What Happens Next
The debate over the warrants issued by the Chief Justice is likely to continue in the coming weeks. As the legal vacation period continues, it remains to be seen which cases will be heard during this time. According to Ms Bright, the Judicial Service will continue to operate during the vacation period, with activities continuing as circumstances require. "So it's the general rule, but it's not a jurisdictional shutdown," she said.
Source: Joy Online
