Ghana Judiciary faces dispute over legal vacation rules

Ghana's judicial system is facing significant tension over the observance of the annual legal vacation, which runs from August 1 to September 30. The Ghana Bar Association (GBA) has formally protested the decision to compel lawyers to appear for part-heard criminal trials during this period, arguing that vacation courts should traditionally only handle urgent or interlocutory matters. The GBA maintains that lawyers should not be forced to attend if they have already declared unavailability due to professional or personal commitments.

Chief Justice Paul Baffoe-Bonnie has rejected these demands, asserting that lawyers cannot unilaterally decide to skip scheduled trial dates and that adjournments are judicial decisions rather than administrative ones. This disagreement has coincided with a legal challenge filed by Elorm Kwami Gorni at the Supreme Court. Gorni is asking the court to declare the suspension of sittings at the Court of Appeal and the Supreme Court during the vacation unconstitutional, arguing that the practice violates citizens' rights to timely access to justice and fair hearings.

Legal professionals and former officials have weighed in on the debate, with some arguing that the practice of continuing substantive trials during the break creates an uneven justice system and undermines the purpose of the judicial respite.