Following the petitions by lawyers from 5 law firms to the Chief Justice requesting a retraction of the directive to Justices Achibonga and Kocuvie-Tay to sit during the legal vacation for trials in some selected criminal cases mostly involving persons with a particular political leaning, the Ghana Bar Association and lawyers have reacted to the directive of the Chief Justice, H/L Justice Paul Baffoe Bonnie.

The Ghana Bar Association (GBA) has written to the CJ to pay heed to the demands from lawyers and allow for trials to commence or continue during the legal term. That is, after the legal vacation which ends on 30th September. The Association through its President, Mrs. Efua Ghartey underscored the legal foundation of legal vacation and the time honoured choice of proceedings conducted during the vacation. That is, only motions of an urgent nature. The letter of the association may be read in full below.

Prominent legal practitioner and media personality, Mr. Samson Anyenini has backed the voice of the GBA on the matter. He submits his concurrence and support for the view of the GBA in his opinion published on social media which is repeated below. After his views comes the full statement of the GBA

STAR OF THE MONTH - Justin Amenuvor Esq.

"GBA states pure law and convention about Legal Vacation

The Ghana Bar Association's official position on the observance of the legal vacation by the superior courts does not merely state a preference; it articulates black-letter law and long-standing convention.

Stripped of the specific ORAL cases, the Bar’s intervention lays bare the fundamental principles that govern courtroom practice during recess - principles that no active litigation lawyer will dispute.

If we are to maintain a principled position on the rule of law, three foundational truths set out in the rules and settled practice must be understood:

1. Statutory Design and Mandatory Recess: Under Order 79 Rule 4 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the two-month long vacation is not an administrative courtesy. The framers of the rules recognized that judges, and lawyers require a mandatory period of rest following an exhaustive ten-month legal term.

2. The Scope of Vacation Courts: By long-standing convention, vacation courts, whether sitting in-person or virtually, are established to handle emergencies. Traditionally, they deal with urgent interlocutory applications, such as bail, injunctions, or fundamental rights enforcement. Vacation courts almost never conduct full substantive trials.