Her Ladyship the Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo has allayed all concerns of lawyers and Judicial Staff of any intention or consideration by herself or the Rules of Court Committee Chaired by her, and whose powers fall under Article 157 of the 1992 Constitution, that legal vacation provided under the procedure rules of Superior Courts may be considered for scrapping.

In her address to lawyers gathered at the Ghana Bar Association Secretariat for an end of legal year party organized by the Greater Accra Bar, Her Ladyship indicated the need for lawyers to rest. She said physiological considerations underpins the provisions providing for legal vacation in the procedure rules.

Making comparisons with our education system, she said the need for rest as medically recommended is the reason for a month or some months break in the academic calendar in our schools for a rest of the body and mind and a re-invigoration for more work. The dispelling of the concerns for the scrapping of legal vacation follows from what she says are suggestions reaching her for such a move by the Rules of Court committee.

Justice Adinyira recommends scrapping

The words of the Chief Justice the report of The Law Platform of the recommendation of Justice Enyonam Adinyira. The Justice of the Adentan High Court 1, Her Ladyship Enyonam Adinyira during proceedings in her Court which is almost always packed on 19th day of July, 2024 called for the scrapping of legal vacation provided in the High Court, Court of Appeal and Supreme Court rules.

Her Ladyship Enyonam Adinyira who sits in a court inundated with cases and is a pilot court for the Court shift system introduced by the learned Chief Justice offered the increase in backlog of cases as the reason for recommending the scrapping of legal vacation for the Superior Courts. She suggested that lawyers like judges may chose to go on leave for rest rather than a blanket rest period provided by the rules.

Rules on vacations

Order 79 rule 4 of C.I. 47, High Court Civil Procedure Rules which stipulates the timelines for legal vacation and has repetition by way of wording in rule 61 of C.I 19, Court of Appeal Rules and rule 82 of C.I 16, Supreme Court Rules reads as follows:

Rule 4—Vacations

Subject to rule 1 (1) the following periods shall be observed in the High Court as vacations

(a) the period commencing on the Tuesday immediately following Easter Monday in each year and ending on the Friday immediately following;

(b) the period commencing on 1st August in each year and ending on 30th September in the year; and

(c) the period commencing on 23rd December in each year and ending on 6th January in the next year.

The Chief Justice however has powers under the rules to designate a court to sit despite the provisions requiring the observation of vacations.