GBA writes Chief Justice over observance of Legal Vacation
Association Cites C.I. 47, Says Lawyers Cannot Be Compelled To Work During August-September Break
The Ghana Bar Association has petitioned the Chief Justice, His Lordship Justice Paul Baffoe-Bonnie, to uphold the observance of the annual Legal Vacation and to desist from scheduling substantive matters, particularly part-heard criminal cases, during the period.
In a letter dated August 10, 2026, the GBA said it received petitions from two law firms, Zoe, Akyoo & Co and Sam Okudzeto & Associates, raising concerns about the issuance of warrants directing specific judges to continue part-heard criminal trials during the vacation.
Legal Basis Cited
The Association referenced Order 79, Rule 4 of the High Court (Civil Procedure) Rules, 2004, C.I. 47, which provides for three annual court vacations. Under Rule 4(b), the Legal Vacation is observed from August 1 to September 30. According to the GBA, the framers of the Rules intended the period to afford judges, lawyers and judicial staff “a deserved period of rest” following the Second Term, described as the longest and most demanding term of the legal year.
Key Positions in The Letter
The GBA acknowledged that Vacation Courts and Virtual Courts have by convention been designated to handle urgent interlocutory matters and emergencies during vacation. However, it stated that such courts do not conduct trials.
The Association further stated that counsel are under no compulsion to appear before a Vacation Court. It noted that where either or both parties indicate unavailability, the matter ought not to proceed and should be adjourned to a date proposed by counsel. “Innocent parties in a trial, civil or criminal ought not to be coerced by a Judge to represent themselves as the absence of a Lawyer is not considered willful during a Legal Vacation,” the letter stated.
The GBA also raised concerns about recent administrative measures, including extended sitting hours and the introduction of Afternoon Court Sittings during the Second Term, which it said placed additional strain on practitioners. It added that some law firms close entirely during vacation while others are engaged in other jurisdictions, making compliance difficult.
The Association warned that requiring lawyers to work through the vacation “will smack of bias or selective justice” and emphasized that “duly earned vacations must therefore not be tampered with” as lawyers are responsible for maintaining a healthy work-life balance.
Context
The letter follows the conclusion of year-long activities marking the 100th anniversary of the Supreme Court Ordinance of 1876, which ran from April 16 to July 31, 2026.
The GBA said the Bar has “always cooperated with the Judiciary to ensure the smooth and speedy delivery of justice” and expressed confidence that the Judiciary will abide by the Rules of Court and the traditions relating to legal vacations.
The Legal Vacation for 2026 runs until September 30.
The Office of the Chief Justice had not responded to the letter at the time of filing this report.
Read the full release below:
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