Deputy Attorney General Dr Justice Srem-Sai has criticised the Ghana Bar Association’s (GBA) interpretation of the legal vacation arrangements, describing its position as “bizarre” and impractical.
According to him, the interpretation could create significant delays in the justice system by preventing judges from hearing substantive cases for extended periods.
The comments come amid concerns raised by the GBA and some defence lawyers over the decision to continue selected trials during the legal vacation, which runs from August 1 to September 30 for Ghana’s superior courts.
The Judiciary, however, continues to operate designated vacation courts to deal with urgent and other selected matters during the period.
Speaking on Joy News’ PM Express, Dr Srem-Sai explained that judges assigned to vacation courts are also entitled to take their annual vacation.
He said a judge who works during the legal vacation would subsequently take their own break when the courts resume.
“A vacation judge is also a judge who is entitled to his vacation, so when he works on vacation, what he does is that, just as the courts come back, then he goes, proceeds on his vacation,” he explained.
Vacation Courts Can Hear Substantive Cases
Dr Srem-Sai rejected the argument that vacation courts should be restricted to motions and other urgent applications.
He explained that while the Chief Justice can assign cases from other courts to a vacation court, a judge sitting during the vacation can also proceed with substantive matters originating from their own court.
“It is bizarre, and I think for now, there’s ample evidence even from the media. Journalists have been able to pull out several cases, instances where courts have conducted trials, superior courts have conducted trials during the legal vacation,” he said.
He cited the Takoradi Girls case as an example of a substantive trial that proceeded during the legal vacation despite objections from defence lawyers.
Lawyers Should Not Determine Trial Schedule
The Deputy Attorney General also challenged the view that a criminal trial should only proceed during the legal vacation if all lawyers involved agree.
He argued that allowing lawyers to determine whether a case should proceed could weaken the judiciary’s role in balancing the interests of all parties.
“What it means is that now lawyers are deciding how cases should be conducted, which is never the essence of establishing a judiciary,” he stated.
According to him, parties in a case may have conflicting interests, with one side seeking an expedited hearing while the other may benefit from a delay.
“That is why we need a judge to balance the interests and give us where justice will be,” he added.
Dr Srem-Sai said he favours speedy trials because the Constitution guarantees accused persons the right to a fair and speedy trial.
“I want it fast, and I want it fast because the law, the Constitution, demands that we conduct trials fast, quickly, speedily,” he said.
He nevertheless acknowledged that defence lawyers may sometimes have legitimate reasons for seeking adjournments, including concerns that evidence could deteriorate or witnesses’ memories could fade over time.
Rejects Political Manipulation Claims
Responding to accusations that the government is using vacation courts to fast-track cases in response to political pressure, Dr Srem-Sai said political interests could sometimes coincide with constitutional requirements.
“So, the NDC’s interest in this case seems to align with the constitutional demand, so there’s nothing wrong about that,” he said.
He rejected allegations that the government was manipulating the legal vacation system to secure convictions, insisting that such claims must be backed by evidence.
“That allegation is what we are expecting that they will prove,” he said.
Dr Srem-Sai maintained that the practice of judges sitting during legal vacation is not new and has been part of Ghana’s judicial system for decades.
He argued that the current arrangement should therefore not automatically be interpreted as an attempt to target particular cases.
‘Vacation Courts Are Not New’
The Deputy Attorney General further pointed out that not all cases are being heard during the vacation.
He said some judges who are not assigned to vacation courts are currently on leave, meaning cases before them are not progressing during the period.
“There are cases, oral cases before some judges who are not vacation judges; those cases are not moving because the judges in those cases are on vacation,” he said.
He maintained that the use of vacation courts is therefore part of an established judicial practice intended to ensure that urgent and selected cases continue to receive attention while the broader judiciary is on recess.
