Chief Justice Paul Baffoe-Bonnie has dismissed concerns raised by the Ghana Bar Association (GBA) over lawyers being required to attend court during the legal vacation, insisting that judges have the authority to hear cases and lawyers cannot unilaterally decide not to appear.
Addressing the 2nd Quadrennial Delegates Congress of the Senior Staff Association of the Judicial Service of Ghana in Sunyani in the Bono Region, the Chief Justice maintained that legal vacation does not prevent judges from hearing cases where they are scheduled to sit.
He said lawyers who have made personal plans during the vacation period cannot rely on those arrangements to stop court proceedings.
“To write to the Chief Justice to say that, the cases should not be adjourned to the vacation so I am not coming, I have already made arrangements outside so I am not coming.
“You are a lawyer, you have your clients. If your clients decide to give you leave, well, go on leave but you cannot say that there is a legal vacation and the Judge who is actually sitting cannot do your case, no that is not it,” he stated.
Justice Baffoe-Bonnie stressed that lawyers who wish to take leave may only do so with the consent of their clients, adding that the existence of a legal vacation does not automatically halt court proceedings.
He further clarified that decisions to adjourn cases are made by judges and not by the Chief Justice.
“No, adjournments are not at the instance of the Chief Justice, adjournment is a judicial act. This is something that is so basic,” he stated.
Legal vacation in Ghana
Legal vacation is a designated period during which the workload of the superior courts is significantly reduced to allow judges, lawyers and judicial staff to rest while ensuring that the courts remain operational.
In Ghana, the second and longest legal vacation runs from August 1 to September 30. During this period, selected courts continue to hear matters, particularly urgent cases, meaning legal vacation does not amount to a complete suspension of court proceedings.
GBA petitions Chief Justice
The Chief Justice’s remarks come after the Ghana Bar Association wrote to him expressing concern over lawyers being required to appear in court during the legal vacation.
In a letter dated August 10, 2026, the GBA argued that lawyers who had informed the courts of their unavailability during the vacation should not be compelled to participate in proceedings.
The Association said it was responding to petitions from Zoe, Akyea & Co, Dame & Partners, and Sam Okudzeto & Associates, following notices issued under warrants authorising certain judges to continue hearing part-heard criminal cases during the vacation.
The GBA cited Order 79, Rule 4 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), noting that the High Court observes three vacations each year, with the August 1 to September 30 vacation intended to provide judges, lawyers and judicial staff with a well-earned break after the longest court term.
While acknowledging the existence of Vacation Courts and Virtual Courts to handle urgent matters such as interlocutory applications, the Association argued that these courts are not intended to conduct trials.
It maintained that the availability and willingness of counsel remain central to proceedings before Vacation Courts.
“Once Counsel in a matter indicates their unavailability to attend Court during the vacation, even though the Court may have listed their case, it cannot proceed with the case in any way,” the GBA stated.
The Association added that the principle applies whether one or both parties indicate they are unable to proceed, arguing that litigants should not be compelled to represent themselves because their lawyers are absent during the vacation.
According to the GBA, the appropriate course in such circumstances is for judges to adjourn affected cases to dates agreed upon by counsel.
The disagreement has sparked renewed debate over the extent of judicial proceedings that should be conducted during Ghana’s annual legal vacation.
