Deputy AG Dismisses Fatigue Excuse: Courts Remain Open During Legal Vacation, Adjournments Available

Ghana's Deputy Attorney-General, Dr. Justice Srem-Sai, has firmly rejected suggestions that lawyers can shirk court duties during the legal vacation period by citing exhaustion, reiterating that the judiciary remains operational and formal mechanisms exist for those needing relief from proceedings.

The statement comes amid a dispute involving former Minister Atta Akyea, who reportedly failed to appear in court on Tuesday, 11 August, during the legal vacation. Dr. Srem-Sai's intervention underscores a critical misunderstanding among legal practitioners about their obligations during this traditionally quieter period in the judicial calendar.

Understanding Legal Vacation in Ghana

Legal vacation—a period when the courts scale back activities—is a longstanding practice in the Ghanaian justice system designed to allow for maintenance, case preparation, and administrative work. However, this does not mean courts close entirely or that lawyers are relieved of their professional responsibilities. Essential cases continue, and urgent matters still require judicial attention.

Dr. Srem-Sai's clarification emphasises that tiredness or fatigue cannot serve as grounds for non-appearance in court. Instead, lawyers facing genuine challenges have established legal remedies available to them. The primary tool is requesting an adjournment—a formal request to postpone proceedings to a later date. This mechanism exists precisely to accommodate legitimate scheduling conflicts, health issues, and other valid concerns without requiring lawyers to simply absent themselves.

The Proper Procedure for Practitioners

For lawyers who find themselves unable to attend court proceedings, the correct course of action involves:

• Formally notifying the court of the need for postponement
• Presenting valid grounds for the adjournment request
• Obtaining the court's approval before the scheduled hearing
• Ensuring proper representation or adequate notice to all parties involved

This procedure protects the integrity of the judicial process whilst respecting legitimate constraints on practitioners. Unannounced absences, by contrast, undermine case management, waste court time, and prejudice litigants waiting for their matters to be heard.

What This Means for Ghana's Legal System

The Deputy Attorney-General's statement serves as an important reminder to the legal profession about professional standards and ethical obligations. In a system where case backlogs already strain resources, every scheduled appearance matters. When lawyers fail to show up without proper notice or justification, it cascades through the system: other cases are delayed, court officials' time is wasted, and parties—many of whom may be ordinary Ghanaians seeking justice—face additional frustration and expense.

The incident also highlights the importance of clear communication between the Bar, the judiciary, and practicing attorneys about what is and is not permitted during the legal vacation. Misunderstandings about court operations can lead to unintended breaches of professional duty.

For Ghanaians engaging the legal system, this clarification is reassuring: the courts do not shut down during legal vacation, and cases continue to progress. For lawyers, the message is unambiguous—professional responsibilities remain constant, and established procedures exist to handle genuine difficulties without requiring absence from court.