A sharp disagreement has emerged between the Deputy Attorney General, Dr Justice Srem-Sai, and the Ghana Bar Association (GBA) over whether lawyers can refuse to appear before Vacation Courts during the legal vacation.
Dr Srem-Sai has rejected the GBA’s position that lawyers who have informed the courts of their unavailability cannot be compelled to attend proceedings, arguing that judges—not lawyers—have the authority to determine whether cases should continue during the vacation period.
His response follows a letter from GBA President Efua Ghartey to Chief Justice Paul Baffoe-Bonnie, in which the association urged the judiciary to adhere to what it described as the established rules and traditions governing the legal vacation.
The GBA argued that the vacation period, which runs from August 1 to September 30, is intended to provide judges, lawyers and judicial staff with a period of rest, and expressed concern over directives requiring lawyers to appear before judges despite prior notices of unavailability.
The issue arose after several law firms, including Messrs Zoe, Akyea, lawyers for former National Signals Bureau Director-General Kwabena Adu-Boahen, objected to notices requiring them to continue part-heard criminal trials during the legal vacation.
However, Dr Srem-Sai said the GBA’s position has no basis in law, court rules or established judicial practice.
He disputed the association’s assertion that Vacation Courts do not conduct trials, explaining that while court activity is reduced during the vacation, selected judges are specifically authorised to hear both interlocutory and substantive matters.
“Contrary to the GBA President’s claim, vacation Judges take proceedings on the substance of the case and do conduct trials during the legal vacation,” he said.
According to him, the legal vacation does not suspend the administration of justice, and the Chief Justice has the constitutional and administrative authority to designate judges to sit during the period.
Dr Srem-Sai maintained that lawyers who require a break may apply for an adjournment, but the decision rests with the judge hearing the case.
He argued that allowing lawyers to determine when proceedings should or should not take place would undermine the court’s responsibility to balance the interests of all parties before it.
“A lawyer’s primary duty is, in fact, to his client—not to the client of another lawyer,” he stated.
The Deputy Attorney General further warned that the GBA’s interpretation would effectively transfer control over court proceedings from judges to lawyers, with potentially serious consequences for the administration of justice.
The dispute has become the latest flashpoint in the broader debate over the conduct of high-profile criminal cases during the legal vacation, particularly proceedings involving former public officials.
