Ghana’s legal vacation does not give lawyers the authority to decide unilaterally whether court proceedings should continue, Deputy Attorney-General and Minister for Justice Dr Justice Srem-Sai has said.
The legal vacation runs from 1 August to 30 September and is intended to reduce significantly the workload of the superior courts. However, Dr Srem-Sai said it should not be interpreted as a complete closure of the judicial system.
He said the annual period traditionally involves a reduction in court activity rather than a suspension of proceedings, with the courts continuing to operate under arrangements determined by the Chief Justice.
His comments follow a petition by the Ghana Bar Association (GBA) to Chief Justice Paul Baffoe-Bonnie, asking him to ensure that judges observe established practices governing the legal vacation.
The association has expressed concern about lawyers being instructed to appear in court after notifying the judiciary that they would not be available during the period.
The GBA’s position is that Vacation Courts have traditionally been used for urgent and interlocutory matters, rather than for trials. It has argued that when counsel informs the court that they cannot attend during the legal vacation, the case should be adjourned instead of continuing in the lawyer’s absence.
Dr Srem-Sai rejected the suggestion that the period should be treated as a holiday for lawyers, stressing that judicial work continues throughout the legal vacation.
He said the Chief Justice decides which judges will sit during the period by issuing warrants authorising them to exercise judicial functions.
“The key point here, however, is that the courts scale down on work significantly – they do not shut down,” he said.
Under the existing arrangements, a Vacation Judge can hear both interlocutory and substantive matters in cases that originated in that judge’s own court, according to Dr Srem-Sai.
The position is different when a case comes from another judge’s court. In those circumstances, the Vacation Judge may generally deal only with interlocutory applications and matters.
Dr Srem-Sai said the distinction reflected the continuing responsibility of the substantive judge assigned to a case. That judge remains responsible for reaching the final determination, even where a Vacation Judge handles certain proceedings during the legal vacation.
The Deputy Attorney-General said the system was designed to maintain continuity in the administration of justice while also allowing judges to take their vacation periods at suitable times.
The clarification comes amid a debate over the extent to which court business should continue between August and September. While the Ghana Bar Association has referred to the traditional role of Vacation Courts and the availability of counsel, Dr Srem-Sai has emphasised that the legal vacation affects the scale of judicial activity rather than ending it.
Under the arrangement he described, urgent and interlocutory matters can continue to be considered, while the scope of a Vacation Judge’s authority depends on whether the case originated in that judge’s court or was transferred from another judicial officer.
