Breaking: GBA Warns Chief Justice: Court Proceedings Can’t Continue Without Counsel
The Ghana Bar Association (GBA) has written to Chief Justice Paul Baffoe-Bonnie, warning that court proceedings cannot continue without counsel, citing a longstanding practice that is being undermined by recent directives from judges.
The GBA's intervention follows complaints from three law firms regarding notices directing their lawyers to appear before judges to continue hearing part-heard criminal cases during the current legal vacation, which runs from August 1 to September 30.
Judicial Dispute over Legal Vacation
The GBA said in a letter to the Chief Justice on Monday, August 10, that the legal vacation is intended to give judges, lawyers, and judicial staff a necessary break from the demanding court calendar. However, the association acknowledged that Vacation Courts may sit to deal with urgent and interlocutory matters during the period.
The GBA argued that where counsel has notified the court of an inability to appear during the vacation, the matter should be adjourned rather than proceeding without the lawyer. The association cited the longstanding practice of refraining from conducting trials, especially where the absence of counsel would affect the effective participation of lawyers in proceedings.
Breaking with Established Practice
The GBA said that such directives undermine the purpose of the legal vacation and depart from established judicial practice. The association emphasized that counsels are not under any compulsion to appear before a Vacation Court, and that once counsel 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's letter to the Chief Justice urged the judges to adhere to the established rules and traditions governing the legal vacation, saying respect for the practice would preserve its purpose and promote effective participation in the administration of justice.
Protecting the Purpose of the Legal Vacation
The GBA's intervention has sparked concerns about the impact of recent directives on the administration of justice in Ghana. The association's letter to the Chief Justice highlights the need for judges to respect the established rules and traditions governing the legal vacation, ensuring that lawyers are given adequate opportunity to rest during the period while also ensuring that, when they are required to appear, they can participate effectively in proceedings.
The GBA's warning to Chief Justice Paul Baffoe-Bonnie underscores the importance of upholding the principles of the legal vacation, which is intended to provide a necessary break from the demanding court calendar. As the legal vacation continues, the GBA's intervention will likely have a significant impact on the administration of justice in Ghana, and the outcome will be closely watched by lawyers, judges, and the public alike.
Source: Joy Online
