Why Ghana court decision to sit during legal vacation dey para some lawyers for high profile criminal cases

Judges of di superior courts for Ghana bin dey observe di long legal vacation from 1 August to 30 September, for many years.

During dis vacation, di High Court, Court of Appeal and Supreme Court bin dey go break.

But di High Court neva dey close completely – dem dey set up wetin dem call vacation courts wey dey hear "urgent cases".

For many years, dis vacation courts bin dey to hear interlocutory applications like injunctions, bail applications and human rights enforcement matas..

For dis period also, judges dey assigned wit administrative warrant by di Chief Justice, to sit and manage dis dockets or cases wey dem dey hear, to prevent long delay.

But recently, di debate don rise about weda legal vacation dey mean say judges gatz stop dia cases for two months or weda lawyers wey dey handle cases fit stay away from court even wen di judges dey available wey dem set date for dia case to continue.

Dis be afta two lawyers wey dey handle two high profile criminal cases of ex-govment officials write to di Chief Justice say dem no go dey available for court during di two-month legal vacation.

But di office of di Attorney General and di Chief Justice say di courts no go shut down and wait to continue hearing cases afta di vacation.

Atta Akyea and Godfred Dame tok say dem no go dey available during di legal vacation

Lawyer for di ex-Signals Bureau boss Kwabena Adu-Boahene, Samuel Atta Akyea bin write to di Chief Justice say im no go participate for di proceedings against im client during di legal vacation.

Di oda lawyer Godfred Yeboah Dame wey be former Attorney General, dey represent di ex-CEO of di Food and Buffer Stock company, Abdul-Hanan Wahab.

Godfred Dame also inside im letter to di Chief Justice to complain about di High Court hearing dia case during di vacation, tok say even though di trial judge bin tok dem for di last sitting say di Chief Justice don give am authorisation to continue wit di case during di vacation, trial for di specific case no begin yet, so dem for no list dat case for di vacation period.

Lawyer Atta Akyea also explain say "no exceptional circumstance" dey around dia case wey go make di court hear di case for di judicial recess.

Di two lawyers also add say criminal trials wey neva start bifor di vacation, no for start during di legal vacation – instead dem gatz begin hearing of dose criminal cases wen di court don resume regular sittings.

"Na only emergency cases we gatz attend to for vacation, I bin dey do dis job for 32 years, I neva see any Chief Justice wey go select part-heard cases for di vacation and expect say dem go ask judge and lawyers wey suppose dey vacation, to enta court to adjudicate di case," Atta Akyea tok local media Citi FM.

Im deny allegations say im just dey try to delay di trial of im client for di mata.

"I neva be lazy lawyer. I no dey run away from criminal case. I bin do more serious criminal cases pass dis one, we just dey try to uphold di practice for di Bench, somtin we expect di Chief Justice to respect."

Despite im decision to dey absent from court during di vacation, di High Court judge wey dey hear di case of im client, Justice Francis Achibonga tok for 11 August for court say for di next hearing on 17 August, if di lawyers for di ex-Signals Bureau boss no show for court, di accused pesin go cross-examine di prosecution witness by diasef.

Di ex-Signals Bureau boss – Kwabena Adu-Boahene and im wife dey stand trial for 11 charges wey include stealing, money laundering, defrauding and causing financial loss to di state.

Di state also dey pursue am say im allegedly divert Ghc49m ($4.3m) wey dem suppose use to buy one cyber defence software, to im private account for private use.

Di accused pipo (Kwabena Adu-Boahene and im wife Angela Boateng) don deny di charges.

Chief Justice and Attorney General react to di complaint of lawyers for di two ex-govment officials

Di Chief Justice Paul Baffoe-Bonnie don reject di tori say lawyers fit decide to decline to proceed wit cases sake of di hearing dey scheduled during di legal vacation.

Im tok say once di judge wey dey handle di case dey ready to hear di case, lawyers no fit tok say di hearing no go happun sake of dem get personal plan for dia vacation.

During one programme for di Judicial staff association, di Chief Justice tok say "you no fit tok say sake of legal vacation, judge wey dey sit for case, wey make ready to sit, no fit sit and hear di case, e no be so".

"You be lawyer wey you get your clients. If your clients decide to give you leave, you fit go, but you no fit tok say sake of legal vacation, di judge wey dey sit for case, no fit do your case."

Di Chief Justice response dey come afta di Ghana Bar Association (GBA) also bin chook mouth for di legal vacation wahala.

Di GBA tok say di vacation dey provide lawyers, judges and judicial staff some time for break.

Di GBA also tok say "once counsel for di mata tok say dem no go dey available to attend court for di vacation, even though di court don list dia case, di court no fit go ahead wit di case."

Di association also tok say parties for civil and criminal case no for dey "compelled" to represent diasef wen dia lawyers dey absent for legal vacation.

But di Deputy Attorney General Dr Justice Srem-Sai also don reject di position of di Ghana Bar Association.

"Wetin di Bar association dey tok be completely wrong. E neva dey supported by law, fact, reason or established rules of court practice."

Dr Srem-Sai add say "vacation courts bin dey work for dis kontri for long, during legal vacation, nobody fit dispute dat fact, so wetin don change now?"

"Di Chief Justice don issue warrant for about 10 or more judges across di kontri to sit during di legal vacation and deal wit pending cases. Ibi di judges wey get di authority to administer dia courts and hear cases during di vacation, no be lawyers."

Di Deputy Attorney General add say "for di whole world, e no dey anywia, wen ibi lawyers wey dey tok di court wen dem for sit".

Im warn say judges wey go sit for di vacation dey entitled to go ahead wit di cases even wen lawyers fail to appear.

"As di judge, dem get warrant to hear di case and sit for vacation, if you no show up, di judge go take am say you no dey interested for legal representation."

One researcher want Supreme Court to declare two-month legal vacation unconstitutional

As di debate dey continue, one legal researcher don sue di Attorney General and di Chief Justice for di Supreme Court.

Elorm Kwami Gorni dey ask di apex court to strike out di legal vacation wey di superior courts for di kontri bin dey observe (High Court, Court of Appeal and Supreme Court).

According to di plaintiff, dis vacation bin dey cause "unnecessary delay" wey e don dey "block pipo from getting justice on time".

Oga Gorni also argue for im court filings say di legal vacation dey affect pipo wey need quick help for di courts – especially dose wey dey wan enforce dia fundamental human rights or file appeal for cases sake of di Court of Appeal and Supreme Court no dey work from 1 August to 30 September, even though specialised High Courts and oda lower courts go dey active.

Di plaintiff explain say di suit for di Supreme Court neva be to challenge di leave entitlement of judges or dia time to rest.

But im want di court to determine weda dem fit structure judicial leave in di way wia dem no go completely suspend constitutional functions of di Court of Appeal and di Supreme Court - di process wey dey delay access to justice.

One of di reliefs im dey find be say make di Supreme Court direct di Chief Justice to introduce oda arrangements, wey include rotational sittings, vacation panels or judicial leave wey dem split am, so say di two superior courts fit continue to hear cases throughout di legal year.

Some lawyers react to di controversy around legal vacation

One private legal practitioner Samson Anyenini bin tok say vacation courts bin dey happun for di kontri since wia imsef don attend some of dose hearings.

"I bin attend vacation courts for emergency cases and interlocutory applications; I bin do one case ahead of di 2016 election and anoda one ahead of 2024 election. We do dose two cases to meet wit di Electoral Commission deadlines for dat time."

Lawyer Anyenini add say "I sabi say vacation courts also bin dey conduct trials – but di judges don dey indulge di lawyers for dose cases as standard practice. I neva sabi wen di lawyers dey compelled to dey present for vacation, wetin dem dey do be say dem dey ask of di availability of di lawyer for di vacation if dem for do trials".

"Di request of defence lawyers suppose dey directed to di individual judges wey bin dey sit for dia specific cases, no be to dey write to di Chief Justice sake of no be di CJ dey determine adjournment of court," lawyer Samson Anyenini write ontop im social media.

Anoda private legal practitioner Martin Kpebu say all di parties gatz negotiate about dis legal vacation mata sake of e neva be right "expressly guaranteed by law".

"I bin dey di middle for dis mata, meaning say as lawyers, we gatz negotiate to try and find amicable settlement."

Lawyer Kpebu tok local radio Citi FM say "di Chief Justice im explanation mean say lawyers for go fight dia own fight, but I sabi say we get different fighting skills, so wetin I go tok be say make di institutions negotiate instead say dem go dey engage for public debate for dis mata".

For now e neva clear wetin go happun now and until di Supreme Court determine di constitutionality of di legal vacation, di debate go continue - but ultimately if di sitting judge decide to call di case for di vacation wey you no show, na who you go blame later?