Justice System Cannot Shut Down – Chief Justice Defends Judges Working During Legal Vacation

Ghana's Chief Justice Paul Baffoe-Bonnie has moved to clarify the judicial system's approach to its annual legal vacation, defending the practice of having select judges remain on duty during the August and September recess to handle emergency and urgent matters.

Speaking during a visit to the Minerals Income Investment Fund, Chief Justice Baffoe-Bonnie explained that whilst judges, like other workers, are entitled to annual leave, the complete shutdown of the courts during the vacation period would be impractical and potentially harmful to citizens seeking urgent judicial intervention.

"Cases do not go on leave. They have to be heard," the Chief Justice stated, emphasising that the legal system must maintain some capacity to respond to critical situations that cannot afford to wait weeks for the courts to resume normal operations.

How the System Works

Under Ghana's current arrangement, the Judiciary adopts a collective vacation schedule rather than allowing judges to take individual leave throughout the year. This centralised approach consolidates the annual recess into two months, during which most judicial operations pause.

However, the system designates what are called "vacation judges" – a rotating group of judicial officers who remain available to handle cases that demand immediate attention. These judges address emergency and urgent matters during the vacation period, then take their individual annual leave once the collective vacation ends and courts resume full operations.

The Chief Justice cited concrete examples of situations requiring judicial intervention that cannot reasonably be postponed. These include cases involving injunctions filed to prevent the release of a deceased person's body – matters where delay could cause significant distress and harm to families.

"Emergency cases have to be handled. So we keep some judges behind," Baffoe-Bonnie explained, characterising the arrangement as a practical necessity rather than an irregularity.

Why It Matters for Ghana

The Chief Justice's remarks appear designed to address public concerns and debate that have emerged around judges working during the legal vacation. Some have questioned whether such proceedings align with the intended purpose of the recess period, raising broader questions about work-life balance in the judiciary and the proper functioning of Ghana's justice system.

However, the Chief Justice's explanation highlights a fundamental tension in any justice system: the need to protect public interests and provide timely judicial remedies must be balanced against the legitimate need for judges to rest and recharge. A completely shuttered court system, even temporarily, could deny citizens access to justice in genuinely urgent circumstances.

The vacation judge system represents an attempt to strike this balance – preserving most judges' leave whilst maintaining judicial capacity for genuine emergencies. This approach is common in many jurisdictions worldwide and reflects the principle that the administration of justice cannot truly pause, even when most of the system is on break.

For Ghanaians, understanding this arrangement clarifies that the legal vacation does not mean the courts are entirely inaccessible during August and September. Citizens facing genuine emergencies can still seek judicial intervention, though they should expect limited availability and longer wait times for non-urgent matters.