Bar Association demands Chief Justice stop trials during legal vacation, citing lawyer burnout and fairness concerns

The Ghana Bar Association has escalated pressure on Chief Justice Paul Baffoe Bonnie to suspend trials scheduled during the ongoing legal vacation, citing concerns about lawyer availability, fair trial rights and breach of long-standing judicial convention.

In a formal letter dated 10 August, the GBA responded to notices requiring lawyers from firms including Zoe, Akyea & Co, Dame & Partners and Sam Okudzeto & Associates to appear for part-heard criminal cases during the two-month vacation period running from 1 August to 30 September. The Association argues this practice fundamentally contradicts established rules governing Ghana's judicial calendar.

The legal vacation framework and established rules

Ghana's legal system designates three vacation periods annually under Order 79 Rule 4 of the High Court (Civil Procedure) Rules, 2004, with the August-September period being the longest. Traditionally, only designated Vacation Courts operate during this time, handling emergency matters and interlocutory applications rather than full trials. The GBA emphasises that both physical and virtual vacation courts have historically honoured this principle.

The Association points out that legal professionals are not obliged to appear before Vacation Courts if unavailable, and courts cannot proceed with trials where counsel on either or both sides cannot attend. Under this convention, judges should adjourn cases to dates proposed by available counsel rather than forcing unrepresented defendants to conduct their own defence.

Why this matters for Ghana

This dispute touches on fundamental fairness in Ghana's criminal justice system. The GBA's concern that forced trials during vacation could create impressions of bias or selective justice carries weight in a system where public confidence in impartiality is essential. The Association argues that lawyers—already stretched by extended working hours including newly introduced afternoon sittings—have legitimate professional commitments elsewhere. Some law firms have completely closed for the vacation period, and international professional engagements cannot simply be cancelled.

The broader issue reflects tension between judicial efficiency and procedural rights. While speedier justice is desirable, Ghana's legal traditions recognise that judges, lawyers and court staff require rest. Pressuring lawyers to work during vacation undermines this principle and may compromise case quality. The GBA's intervention suggests growing concern that institutional practices are eroding the protections that should protect defendants from disadvantage.

Mrs Efua Ghartey, GBA National President, has appealed to both the Chief Justice and the Judiciary to respect established rules and traditions. The Association has expressed confidence the petitions will receive favourable consideration and reaffirmed its commitment to working with the Judiciary on justice delivery.

Next steps and implications

The matter now rests with the Chief Justice's office. A decision to halt the trials would reinforce judicial convention; proceeding would signal a shift toward prioritising case throughput over traditional protections. For practising lawyers, the outcome will determine whether future vacations offer genuine rest or continued work obligations. For accused persons, it will clarify whether their right to counsel is protected even during official vacation periods.