Private legal practitioner Martin Kpebu has called for negotiations between the Ghana Bar Association (GBA) and the Association of Judges and Magistrates to resolve the disagreement over how court proceedings should be handled during the legal vacation. The dispute follows concerns raised by the GBA over directives requiring lawyers to appear before Vacation Courts despite indicating that they would be unavailable during the period.
Dispute Escalates Over Vacation Court Directives
The controversy has deepened following the Chief Justice's decision not to grant requests by lawyers representing former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahen and former National Food and Buffer Stock Company Limited (NAFCO) Chief Executive Officer Hanan Abdul-Wahab to defer their cases until October. The lawyers, including Samuel Atta Akyea and former Attorney-General Godfred Dame, had cited prior commitments during the vacation and asked that the cases be adjourned until after the period.
Deputy Attorney-General Dr Justice Srem-Sai has argued that lawyers' primary duty is to their clients and that the interests of litigants should take precedence over a lawyer's desire to take a break. Speaking on Citi FM, Martin Kpebu emphasized the need for a negotiated settlement, saying, "I'm in the middle ground. Middle ground being that we should negotiate. We should try to find an amicable settlement."
Negotiated Settlement Proposed
Kpebu proposed that the GBA engage directly with the Association of Judges and Magistrates to agree on a uniform arrangement for lawyers whose cases have been listed before Vacation Courts. He believes this approach could help settle the disagreement without further public confrontation and provide greater clarity for both lawyers and judges during the legal vacation. According to Kpebu, the current approach effectively requires individual lawyers to approach judges handling their cases to seek accommodation, a situation he believes could lead to inconsistent outcomes.
Public Confrontation Avoided
Kpebu said the parties should avoid escalating the disagreement publicly and instead pursue a negotiated settlement. He emphasized that the Chief Justice's explanation means that each lawyer should go and fight his own fight, but noted that lawyers have different fighting skills and strengths. He therefore proposed a uniform arrangement for lawyers whose cases have been listed before Vacation Courts, which he believes could provide greater clarity for both lawyers and judges during the legal vacation.
Next Steps Uncertain
The controversy has sparked debate over the legal vacation and the role of lawyers during this period. While the Chief Justice has not granted the requests to defer cases until October, the dispute remains unresolved. The Ghana Bar Association and the Association of Judges and Magistrates will likely need to engage in further negotiations to resolve the issue and provide clarity for both lawyers and judges during the legal vacation.
Source: Joy Online
