GBA backs calls to suspend trial of some selected cases during legal vacation

The Ghana Bar Association (GBA) has backed petitions seeking the suspension of proceedings in selected part-heard criminal cases during the legal vacation.

In a letter dated August 10, 2026, addressed to Chief Justice Paul Baffoe Bonnie, the association said it had received petitions from Zoe, Akyea & Co., Dame & Partners and Sam Okudzeto & Associates challenging notices requiring their lawyers to appear in court during the vacation.

According to the GBA, the notices were issued pursuant to warrants authorising specific judges to continue hearing the cases.

The association cited Order 79, Rule 4 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), which provides for three annual court vacations. It noted that the second and longest vacation in the legal year runs from August 1 to September 30.

While acknowledging the established practice of designating vacation courts to deal with emergencies, the GBA maintained that such courts traditionally handle urgent interlocutory matters and not trials. It added that virtual courts operating during the vacation are subject to the same limitation.

The association said the availability and willingness of counsel must remain an overriding consideration in any matter listed during the vacation. It argued that once lawyers communicate their unavailability, they should not be compelled to appear and the court should adjourn the case to a date proposed by counsel.

It further warned that continuing a trial in the absence of counsel could unfairly force parties in civil or criminal proceedings to represent themselves.

“Innocent parties in a trial, civil or criminal ought not be coerced by a Judge to represent themselves as the absence of a Lawyer is not considered willful during a Legal Vacation,” the GBA stated.

The association cautioned that any attempt to proceed with the selected cases, with or without a warrant, could create an appearance of bias or selective justice.

It said many lawyers have written submissions to complete during the vacation, while others have scheduled engagements and conferences outside the jurisdiction. Some law firms, it added, are closed for the entire vacation period.

The GBA also stressed the need for lawyers to protect their well-being and maintain a healthy work-life balance, particularly after a legal term that saw the introduction of afternoon court sittings.

It expressed confidence that the Chief Justice would consider the petitions favourably and uphold the rules and established traditions governing legal vacations.