Legal vacation does not bar sitting judges from hearing cases

Chief Justice Paul Baffoe-Bonnie has pushed back against claims that lawyers may refuse to attend court simply because a case has been fixed during the legal vacation.

He says where a judge is sitting and ready to hear a matter, the fact that the court is on vacation does not, by itself, stop proceedings from going ahead.

Speaking at the 2nd Quadrennial Delegates Congress of the Senior Staff Association of the Judicial Service of Ghana in Sunyani, the Chief Justice said lawyers remain bound by their professional duties to their clients and the court.

“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.

Justice Baffoe-Bonnie said a lawyer may take leave only if the client agrees to release counsel from the responsibility of attending to the case.

He criticised the practice of writing to the Chief Justice to say a case should not proceed during vacation because counsel has made other personal 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.

The Chief Justice also clarified that adjournments are not granted by the Chief Justice as an administrative matter.

He said the decision to adjourn a case belongs to the judge hearing the matter.

“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.

His comments come amid growing debate over whether lawyers should be required to appear in court during the legal vacation.

The Ghana Bar Association had written to the Chief Justice on August 10, 2026, raising concerns about notices requiring lawyers to appear before judges designated to continue part-heard criminal cases during the vacation.

The GBA said it had received petitions from Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates.

According to the Association, lawyers who have indicated their unavailability during the vacation should not be compelled to attend proceedings.

The GBA relied on the High Court (Civil Procedure) Rules, 2004, CI 47, particularly Order 79, Rule 4, which provides for three annual court vacations.

It said the second and longest vacation runs from August 1 to September 30 and is intended to give lawyers, judges and judicial staff a break after the second term of the legal year.

The Association acknowledged that Vacation Courts and Virtual Courts may sit during the period to handle urgent matters, including interlocutory applications.

It, however, argued that trials are ordinarily not conducted during the legal vacation.

The GBA further maintained that the availability of counsel should be an important consideration before a matter is allowed to proceed.

“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 Association stated.

It also argued that litigants in civil and criminal matters should not be forced to represent themselves because their lawyers are unavailable during the vacation.

The issue has become more prominent following objections from lawyers in some high-profile criminal cases listed for hearing during the vacation period.

Deputy Attorney-General Dr Justice Srem-Sai has also taken the view that legal vacation is not a vacation for lawyers and that the decision to proceed with a case rests with the court, not counsel.

The Chief Justice’s remarks now reinforce the position that vacation sittings, once properly scheduled before a judge, cannot be halted merely because counsel objects to appearing during the period.