Legal Vacation Does Not Mean Lawyers Can Halt Court Proceedings — Deputy Attorney-General
Dr Justice Srem-Sai says Ghana’s courts remain operational during the August–September legal vacation, although judicial work is significantly reduced.
- Legal vacation runs from August 1 to September 30.
- Deputy Attorney-General says courts do not shut down during the period.
- Vacation judges may handle interlocutory and substantive matters under specified conditions.
Deputy Attorney-General and Deputy Minister for Justice, Dr Justice Srem-Sai, has clarified that Ghana’s legal vacation should not be treated as a period when lawyers can independently decide whether court proceedings should continue.
According to him, the legal vacation, which runs from August 1 to September 30, is intended to reduce the workload of the superior courts significantly, rather than bring judicial activities to a complete halt.
Dr Srem-Sai explained that while the volume of court work is reduced during the period, the judiciary remains operational and cases can still be heard.
His comments come after the Ghana Bar Association (GBA) wrote to Chief Justice Paul Baffoe-Bonnie, calling for judges to observe established practices governing the legal vacation.
The GBA had raised concerns about lawyers being directed to appear in court after informing the courts that they would be unavailable during the vacation period.
The association argued that Vacation Courts were traditionally meant to deal with urgent and interlocutory matters and generally did not conduct trials. It also maintained that where counsel had indicated an inability to attend, proceedings should be adjourned rather than continue in their absence.
Dr Srem-Sai, however, stressed that the period should not be regarded as a “lawyers’ vacation”.
He said the courts continue to operate during the legal vacation, with the Chief Justice determining which judges sit during the period through warrants authorising them to perform judicial duties.
“The key point here, however, is that the courts scale down on work significantly – they do not shut down,” he said.
The Deputy Attorney-General explained that a Vacation Judge could hear both interlocutory and substantive matters in cases originating from the judge’s own court.
However, where a case originated from another judge’s court, the Vacation Judge’s role could be restricted to interlocutory proceedings.
He said the distinction was important because the judge with substantive responsibility for a case remained the one ultimately empowered to determine it.
Dr Srem-Sai maintained that the current arrangement was intended to preserve continuity in the administration of justice while giving judges the opportunity to take their own vacation periods at appropriate times.
