Don’t force lawyers to appear in court during legal vacation – GBA backs Adu Boahen’s lawyers

The Ghana Bar Association (GBA) has appealed to Chief Justice Paul Baffoe-Bonnie to ensure strict adherence to the established rules and traditions governing Ghana's legal vacation.

The association's concern centres on directives requiring lawyers to appear before courts during the vacation period despite having informed the courts of their unavailability.

In a letter to the Chief Justice dated Monday, August 10, 2026, the GBA said the legal vacation, which runs from August 1 to September 30, is intended to provide judges, lawyers and judicial staff with a period of respite following the demanding annual court calendar.

The association, however, acknowledged that designated Vacation Courts may continue to sit during the period to deal with urgent and interlocutory matters.

The GBA stressed that the established practice has traditionally been for Vacation Courts to avoid conducting trials, particularly in circumstances where the absence of counsel could affect the effective participation of parties in proceedings.

According to the association, lawyers who have notified the court that they are unavailable during the legal vacation should not be compelled to attend proceedings.

It said the appropriate course of action in such circumstances should be to adjourn the matter until the lawyers are available.

“Counsels are not under any compulsion whatsoever to appear before a Vacation Court,” the GBA stated.

The association further maintained that once counsel on either side has formally indicated an inability to attend and proceed with a scheduled matter during the vacation, the court should not continue with the case in their absence.

The position applies particularly where proceeding without counsel could undermine the ability of a party to properly participate in the case.

The GBA's intervention follows complaints from three law firms regarding notices directing lawyers to appear before judges during the current legal vacation.

One of the firms involved is Zoe, Akyea & Co., lawyers for former National Signals Bureau boss Adu Boahen.

The lawyers reportedly raised concerns over directives requiring them to appear in court to continue hearing part-heard criminal cases despite having indicated that they were unavailable during the vacation.

The complaints have prompted the GBA to draw the Chief Justice's attention to what it considers a departure from the established conventions governing legal vacation.

Ghana's legal vacation traditionally runs from August 1 to September 30.

The period is intended to provide members of the judiciary and the legal profession with an opportunity to take a break from the regular court calendar.

Although courts do not completely shut down during the vacation, designated Vacation Courts remain available to deal with urgent matters, including certain interlocutory applications and other proceedings that cannot reasonably wait until the end of the vacation.

The GBA, however, emphasised the distinction between dealing with urgent matters and compelling lawyers to participate in trials when they have formally indicated that they are unavailable.

The association argued that compelling lawyers to attend court during their declared vacation period defeats the purpose of the legal vacation and departs from longstanding judicial practice.

It therefore called on the Chief Justice to take appropriate steps to ensure that judges and courts respect the rules and traditions governing the vacation.

According to the GBA, maintaining the established practice would help preserve the purpose of the legal vacation while ensuring that lawyers are able to participate effectively in proceedings when they return.

The association's appeal also highlights the need to balance the judiciary's responsibility to ensure the timely determination of cases with the rights of legal practitioners to adequate periods of rest and preparation.

The matter is likely to attract further attention as the judiciary continues to manage a significant caseload while ensuring that court proceedings remain fair, orderly and consistent with established legal practice.