Deputy A-G Rejects Lawyers' Vacation Court Stance

Dr. Justice Srem-Sai asserts judiciary's authority over court proceedings during legal vacation, countering Ghana Bar Association's position.

Deputy Attorney-General and Minister for Justice, Dr. Justice Srem-Sai, has firmly rejected the Ghana Bar Association’s (GBA) position regarding court proceedings during the legal vacation. He stated that lawyers cannot determine whether court proceedings continue during this period. This declaration directly counters the GBA's assertion that the availability of legal counsel should dictate the schedule of vacation courts. The GBA, in a letter dated Monday, August 10, to Chief Justice Paul Baffoe-Bonnie, raised concerns about directives compelling lawyers to appear before Vacation Courts despite their declared unavailability. The association argued that the legal vacation, which runs from August 1 to September 30, is specifically designed to offer judges, lawyers, and judicial staff a necessary period of rest after a demanding court calendar. They maintained that established practice dictates Vacation Courts should primarily handle urgent and interlocutory matters, avoiding trials, especially when counsel is absent. This disagreement highlights a fundamental tension between the administrative needs of the judiciary and the professional expectations of legal practitioners in Ghana. The efficient functioning of the justice system relies on clear guidelines for court operations, particularly during designated periods of reduced activity. The GBA's stance reflects a desire for predictability and respect for lawyers' time off, while the Deputy A-G's position underscores the judiciary's ultimate authority in managing court dockets and ensuring continuous access to justice. Dr. Srem-Sai, in a detailed write-up, disputed the GBA's argument. He asserted that the power to determine how court proceedings are conducted rests solely with the judiciary, not with the lawyers appearing before the court. He emphasized that a lawyer's primary duty is to their client, and allowing counsel to unilaterally decide on court schedules could undermine the court’s responsibility to balance the interests of all parties involved in a case. He further clarified that the Chief Justice possesses the administrative authority to determine when and where courts sit during the legal vacation. Individual judges, he added, hold the judicial power to manage the proceedings before them. This distinction is crucial for maintaining the operational independence and effectiveness of the courts. Dr. Srem-Sai nevertheless acknowledged that lawyers needing a break during the vacation can make a request for accommodation to the presiding judge. The judge can then grant this request, either wholly or partially, based on the specific circumstances and the overarching interests of justice. He stressed that a professional lawyer cannot, in advance, declare an outright refusal to attend proceedings. This ongoing debate has significant implications for the administration of justice in Ghana. It will influence how legal vacations are managed in the future and could lead to clearer guidelines from the Chief Justice's office. Decision-makers within the judiciary and the legal fraternity will need to consider how best to balance the need for judicial efficiency with the welfare of legal professionals. The outcome will likely shape the operational framework for courts during vacation periods, affecting case backlogs and the timely delivery of justice across the country.

Deputy A-G Rejects Lawyers' Vacation Court Stance

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