The Ghana Bar Association (GBA) has written to the Chief Justice, Justice Paul Baffoe-Bonnie, urging strict compliance with the legal vacation and cautioning against efforts to force lawyers to attend court during that period.In a letter dated August 10, 2026, the GBA raised concerns over complaints received from law firms, including Zoe, Akyea & Co., Dame & Partners and Sam Okudzeto & Associates.
The firms reported receiving notices under warrants issued to particular judges to proceed with part-heard criminal cases during the vacation. The Association said the complaints came shortly after the judiciary’s events marking 150 years of the Supreme Court Ordinance of 1876, held from April 16 to July 31, 2026. The GBA pointed out that the High Court (Civil Procedure) Rules, 2004, C.I. 47, under Order 79, Rule 4, sets out three court vacations each year, with the second and longest running from August 1 to September 30. The Association said the legal vacation is meant to give judges, lawyers and court staff a well-deserved break after an intensive court calendar.
Vacation Courts for Emergencies
The GBA recognised that, by practice, some courts are set up as Vacation Courts to handle urgent matters during the break. It however, emphasided that these courts are traditionally limited to urgent or interlocutory issues and do not conduct full trials. The Association also observed that the judiciary now runs virtual courts during the vacation, but noted they operate under the same restrictions and are not used for trials.
A key issue flagged by the GBA is the availability of lawyers in the vacation period. According to the Association, the long-standing practice is that lawyers are not required to appear before a Vacation Court. If a lawyer states they are not available during the vacation, the case should not go ahead if counsel for either side cannot be present. The GBA argued that a person accused in a civil or criminal matter should not be forced to represent themselves just because their lawyer is unavailable during the legal vacation.
“No step whatsoever ought to be taken in the matter by the Judge, apart from adjourning the case to the dates proposed by Counsel,” the Association stated.Concerns Over Lawyers’ Well-Being
The Association also noted that some lawyers had already been asked to file submissions during the legal vacation, while others had prior commitments in other jurisdictions and at conferences. It added that some firms shut down completely for the entire vacation period.The GBA further tied its concerns to the extra workload from afternoon court sessions under the new schedule, saying lawyers need the vacation to recuperate and keep a healthy work-life balance.
“Lawyers are personally responsible for their well-being and they have to maintain a healthy work-life balance. Duly earned vacations must therefore not be tampered with,” the Association said.
The GBA said it has always worked with the Judiciary to ensure efficient and timely justice delivery, but appealed to the Chief Justice to uphold the rules and established conventions on legal vacations. The petition was also sent to the Judicial Secretary, the Registrar of the High Court, and the heads of the law firms whose complaints triggered the Association’s action.The Association said it is confident its concerns will be given favorable consideration.
