The Ghana Bar Association (GBA) has raised concerns over the continuation of some criminal cases during the legal vacation, insisting that lawyers should not be compelled to appear before courts during the period.

In a letter to the Chief Justice, Paul Baffoe-Bonnie, dated August 10, 2026, the Association said it had received petitions from law firms over notices served on them following warrants issued to specific judges to continue hearing criminal cases during the vacation.

The affected firms include Messrs Zoe, Akyea & Co, Dame & Partners and Sam Okudzeto & Associates.

The GBA said the High Court (Civil Procedure) Rules, 2004 (C.I. 47), specifically Order 79, Rule 4, provides for three vacations in the legal year.

According to the GBA, the second vacation, which is the longest, runs from August 1 to September 30 and is intended to provide lawyers, judges and judicial staff with a period of rest following the demanding second term.

“This notwithstanding, the Judiciary, with the consent of other stakeholders have by convention over the years, agreed to certain courts being designated as Vacation Courts to handle any emergencies arising during the vacation, usually interlocutory matters and never trials,” the GBA said.

It added that the introduction of virtual courts had not altered the traditional scope of proceedings during the legal vacation.

“In addition to the in-person Court sittings, we now have Virtual Courts that operate during the vacation with the same scope which courts also do not conduct trials,” the GBA stated.

It further argued that the availability of counsel has traditionally been a key consideration in determining whether a matter should proceed during the legal vacation.

“However, the overriding consideration in any matter brought before a Vacation Judge has always been the willingness/availability of Counsel to appear before the Court in any matter slated for conduct during the vacation.

“In other words, Counsel are not under any compulsion whatsoever to appear before a Vacation Court.”

The GBA maintained that where counsel informs the court that they are unavailable during the vacation, the matter should not proceed.

“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, if Counsel on either side or on both sides indicate their inability to proceed with the scheduled matter in Court during the vacation,” the association said.

The GBA also cautioned against situations where an accused person could be compelled to represent themselves because their lawyer is unavailable during the vacation.

“Innocent parties in a trial, civil or criminal ought not be coerced by a Judge to represent themselves as the absence of a Lawyer is not considered willful during a Legal Vacation,” it said.

It argued that in such circumstances, the appropriate action should be to adjourn the case to dates proposed by counsel.

“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 GBA added.

According to the Association, concerns were rooted in what it described as a long-standing tradition surrounding legal vacations.

“It is in respect of this time-honored tradition that we write, as any attempt to do otherwise, with or without a warrant will smack of bias or selective justice,” the Bar warned.

It said lawyers had already had to extend their working hours following the introduction of afternoon court sittings under a new scheme.

The GBA also noted that some lawyers had prepared submissions to be produced during the legal vacation, while others had prior commitments in other jurisdictions and conferences.

“Some law firms are even closed for the entire period of the legal vacation,” it said.

The Association further stressed the importance of lawyers having time to rest and maintain a healthy work-life balance.

“Respectfully My Lord, the 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 GBA said.

It said it had consistently cooperated with the Judiciary to promote the speedy and effective administration of justice and expressed the expectation that the Judiciary would similarly respect the rules and established traditions governing legal vacations.

Read GBA's petition to CJ challenging sittings during legal vacation

“The Ghana Bar Association has always cooperated with the Judiciary, to ensure the smooth and speedy delivery of justice and trust that on this occasion, the Judiciary in like manner would abide by the Rules of Court and the entrenched, sacred and treasured traditions relating to legal vacations,” it said.

The Ghana Bar Association (GBA) is therefore appealing to the Chief Justice to ensure that rules and traditions regarding the legal vacation are adhered to.

See the letter below:





JKB/VPO

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