Chief Justice defends vacation courts, says urgent cases must continue

Chief Justice Paul Baffoe-Bonnie says the legal vacation is not a period in which Ghana’s courts close their doors to urgent matters.

He said the vacation system is designed to allow judges and court staff to take their annual leave without leaving emergency applications unattended.

Justice Baffoe-Bonnie made the point on Wednesday when he visited the Minerals Income Investment Fund in Accra as part of his institutional engagements.

His comments come amid renewed debate over court sittings during the legal vacation, which runs from August 1 to September 30.

According to the Chief Justice, the controversy has been “blown out of proportion.”

He explained that the judiciary always designates vacation judges to sit during the period so that urgent processes are not delayed because a particular judge is on leave.

Such matters, he said, include injunctions and applications relating to the release of bodies.

Justice Baffoe-Bonnie said the arrangement does not deprive judges of their leave.

Rather, it staggers the leave period so that some judges remain available while others are away, after which those who sat during the vacation can also take their turn.

“What it means is that all emergency cases that come from Court One will be handled by the Court Two judge, who is not on leave,” he said.

He also addressed concerns from lawyers whose cases may be fixed during the vacation period.

The Chief Justice said any lawyer who finds a date inconvenient should apply to the court for an adjournment, just as would be done during the regular legal term.

He stressed that the decision to adjourn a case rests with the judge hearing the matter.

“It’s a judicial decision. It’s not the Chief Justice who orders a judge to adjourn a case,” he said.

Justice Baffoe-Bonnie also said the judiciary is working on reforms to reduce delays in the court system.

He disclosed that a committee had completed a major review of the Rules of Court, with the revised rules expected to be passed before the end of the year.

He said the reforms are aimed at dealing with procedural technicalities that often slow down the determination of cases.

On illegal mining, the Chief Justice said judges must appreciate the broader harm caused by the menace when related cases come before them.

He said judges had been exposed to the effects of illegal mining and to prison conditions as part of efforts to deepen their understanding of the matters they adjudicate.

Justice Baffoe-Bonnie further disclosed that specialised courts had been established to handle specific categories of cases and improve the speed of justice delivery.

During the visit, he commended MIIF for its management of mineral resources and urged the Fund to continue improving its performance.

“Whatever you have been doing, do it better,” he told the management.

MIIF Chief Executive Officer Justina Nelson said the Fund was established under the Minerals Income Investment Fund Act, 2018, to help government mobilise mineral royalties and monetise them where necessary.

She said MIIF also has an investment mandate across the mining value chain, including equities, alternative investments and fixed-income instruments.

According to her, the Fund recorded a 5.4 per cent increase in royalty collections in 2025 compared with 2024 and generated GH¢1.1 billion in income.

She said MIIF had also recorded strong results in 2026 and projected royalty collections of about GH¢9 billion by the end of the year.

MIIF Board Chairman Richard Kwame Asante said illegal mining remained a major environmental, economic and governance concern.

He welcomed the establishment of specialised courts to ensure that cases relating to illegal mining are dealt with promptly.

Mr Asante said MIIF remained committed to transparency, accountability, integrity and professionalism, and looked forward to continued engagement with the Judiciary.