Chief Justice Paul Baffoe-Bonnie has rejected the idea that lawyers can decline to proceed with cases scheduled during the legal vacation. He made the statement at the 2nd Quadrennial Delegates Congress of the Senior Staff Association of the Judicial Service of Ghana in Sunyani, Bono Region.
Legal Vacation Not a Lawyer's Vacation
The Chief Justice said a judge who is sitting and ready to hear a case cannot be prevented from doing so merely because counsel has made personal arrangements during the vacation period. "You cannot say that there is legal vacation, so a judge who is actually sitting and ready to do your case cannot do it. No, that's not it," he said.
He criticized the suggestion that a lawyer could simply inform the Chief Justice that a case should not proceed because counsel had already made other arrangements. "To write to the Chief Justice to say that the cases should not be adjourned to the vacation, so I am not coming, I have already made arrangements outside, so I am not coming. You are a lawyer, you have your clients. If your clients decide to give you leave, well, go on leave, but you cannot say that there is a legal vacation and the judge who is actually sitting cannot do your case. No, that is not it," he stated.
Decisions on Adjournments Rest with Judges
The Chief Justice also stressed that decisions on adjournments are made by judges handling the cases and do not fall within the administrative authority of the Chief Justice. "No, adjournments are not at the instance of the Chief Justice. Adjournment is a judicial act. This is something that is so basic," he said.
He made the comments in response to a letter from the Ghana Bar Association (GBA) appealing to the Chief Justice over concerns about lawyers being required to appear in court during the legal vacation. The GBA argued that lawyers who had indicated their unavailability during the period should not be compelled to attend proceedings.
GBA's Position on Legal Vacation
The GBA explained that under the High Court (Civil Procedure) Rules, 2004, CI 47, particularly Order 79, Rule 4, the High Court observes three vacations annually, with the second and longest running from August 1 to September 30. It said the period is intended to provide lawyers, judges, and judicial staff with a break after the second term of the legal calendar.
The GBA also argued that parties in civil and criminal cases should not be compelled to represent themselves where their lawyers are absent during the legal vacation. "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.
What Happens Next?
The controversy over the scope of court proceedings during the vacation period is likely to continue. The Chief Justice's comments are a clear indication that the issue will not be resolved easily. As the legal community grapples with the implications of the Chief Justice's statement, one thing is certain: the debate over the legal vacation will continue to dominate the headlines in the coming days.
Source: Joy Online
