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GBA Calls for Observance of Legal Vacation Rules

ATLFM Newsroom by ATLFM Newsroom
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The Ghana Bar Association, GBA, has officially written to the Chief Justice of the Republic of Ghana, His Lordship Justice Paul Baffoe Bonnie, calling for the observance of legal vacations.

The letter, dated August 10, 2026, was signed by the National President of the Ghana Bar Association, Mrs. Efua Ghartey and addressed to the Chief Justice of the Republic of Ghana, Justice Paul Baffoe Bonnie.

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The Ghana Bar Association mentioned in the letter that the call follows petitions brought to its attention by Messrs Zoe, Akyea and Company, Dame and Partners, and Sam Okudzeto and Associates, expressing displeasure with notices served on them by virtue of warrants issued to specific judges to continue with part-heard criminal cases during the legal vacation.

The GBA stated that under the High Court (Civil Procedure) Rules, 2004, specifically Order 79, Rule 4, the High Court annually observes three vacations.

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It again stated that the second vacation in the legal year, which is the longest, runs from August 1 to September 30.

According to the Association, the lawyers, judges and judicial staff require a deserved period of rest from the rigorous court schedule after the second term of the year, which is also the longest term in the legal year.

GBA stressed that the Judiciary, with the consent of other stakeholders, has over the years designated certain courts as Vacation Courts to handle emergencies arising during the vacation, usually interlocutory matters and never trials.

Additionally, Virtual Courts now also operate during the vacation, but with the same scope, and do not conduct trials.

The Association further said the overriding consideration in any matter brought before a Vacation Judge has always been the willingness and availability of Counsel to appear before the Court but added that the Counsel are under no compulsion whatsoever to appear before a Vacation Court.

The letter also expressed that once Counsel in a matter indicates their unavailability to attend court during the vacation, even though the Court may have listed the case, it cannot proceed with the case if Counsel on either side or both sides indicate their inability to proceed.

The Association added also that innocent parties in a trial, whether civil or criminal, ought not to be coerced by a Judge to represent themselves, as the absence of a Lawyer is not considered willful during a legal vacation.

The Ghana Bar Association says no step whatsoever ought to be taken in such a matter by the Judge, apart from adjourning the case to dates proposed by Counsel.

They said any attempt to do otherwise, with or without a warrant, will smack of bias or selective justice.

The Association further noted that lawyers have had to bend over backwards to extend their office hours, especially following the introduction of afternoon court sittings under the new scheme.

Vacations, per the Rules of Court, ought to be observed as such, adding that some lawyers have already written submissions to produce during the legal vacation, while others are

The Ghana Bar Association, in the letter, assured that it has always cooperated with the Judiciary to ensure the smooth and speedy delivery of justice and trusts that the Judiciary will, in like manner, abide by the Rules of Court and the entrenched, sacred and treasured traditions relating to legal vacations.

The Association expressed confidently that the petitions brought before it will be considered favourably.

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Source: Micheal Eduah/ATLFMNEWS

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