• The Ghana Bar Association has protested the continuation of part-heard criminal trials during the legal vacation.

• The GBA says lawyers should not be compelled to attend court during the vacation when they have indicated they are unavailable.

• The Association warns that proceeding with such cases could raise concerns about bias or selective justice, and is asking the Judiciary to reconsider the affected cases.

The Ghana Bar Association (GBA) has raised concerns over the decision to have some judges continue with part-heard criminal cases during the legal vacation, arguing that lawyers should not be compelled to appear in court during the period.

The Bar said it received petitions from three law firms namely; Zoe, Akyea & Co, Dame & Partners and Sam Okudzeto & Associates, after their lawyers were served notices requiring them to appear before judges who had been authorised to continue hearing some part-heard criminal cases during the vacation.

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In a letter to the Judiciary, issued on Monday August 10, the GBA said:

The GBA added that the development was inconsistent with the long-standing practice surrounding legal vacations and urged the Judiciary to reconsider the decision.

The legal vacation began on August 1 and runs until September 30, 2026, according to the High Court’s rules. The Bar’s intervention comes shortly after the Judiciary’s celebrations marking 150 years of the Supreme Court Ordinance of 1876, which the GBA said had been observed between April 16 and July 31.

According to the GBA, courts designated to operate during the legal vacation have traditionally dealt mainly with urgent or interlocutory matters rather than full trials. The Bar cited that the same principle applies to virtual courts operating during the vacation.

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It said the availability of lawyers has always been an important consideration when cases are listed during the legal vacation.

The Association argued that if lawyers for either side indicate that they are unavailable during the vacation, the case should not proceed.

The Association said any attempt to continue with cases despite lawyers indicating that they cannot attend could raise concerns about fairness.

The Association said lawyers have already faced increased workloads following the introduction of afternoon court sittings and argued that the legal vacation provides an important opportunity for them to rest.

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According to tthe GBA, lawyers are responsible for maintaining their own wellbeing and need a reasonable work-life balance after the demanding court schedule.