The Ghana Bar Association (GBA) has appealed to the Chief Justice to ensure that courts observe established rules and traditions governing legal vacation.

The Association said compelling lawyers to attend court when they were unavailable undermined the purpose of the legal vacation, particularly the period set aside for rest after the second term of the legal year.

The appeal was contained in a letter to the Chief Justice, following concerns raised by two law firms over notices requiring them to appear before court during the current legal vacation.

“Respectfully, as stipulated in the High Court (Civil Procedure) Rules, 2004, CI 47, specifically, order 79, rule 4, the High Court annually observes three vacations, and per rule 4 (b) the second vacation in the legal year, which is the longest, is from August 1 to September 30.

“The reason is not far-fetched as in the wisdom of the framers of the Rules of Court, Lawyers, Judges and Judicial staff require a deserved period of rest from the rigorous Court Schedule after the second term of the year, which is also the longest term in the legal year,” the letter said.

The letter noted that, notwithstanding the legal vacation, the Judiciary, in consultation with other stakeholders, had over the years designated certain courts as Vacation Courts to deal with emergencies arising during the period.

It said such courts usually handled interlocutory matters and “never trials.”

The letter also noted that both in-person and virtual court sittings operated during the vacation, but the courts “do not conduct trials.”

“However, the overriding consideration in any matter brought before a Vacation Judge has always been the willingness/availability of counsel to appear before court in any matter slated for conduct during vacation.

“Counsels are not under any compulsion whatsoever to appear before a Vacation court.

“It is in respect of this time-honoured tradition that we write, as any attempt to do otherwise, with or without a warrant will smack of bias or selective justice,” the letter said.

The GBA said its concerns followed two petitions brought to its attention by Messrs Zoe, Akyea and Co, Dame and Partners, and Sam Okudzeto and Associates.

It said the two firms had expressed displeasure over notices served on them pursuant to warrants issued to specific judges to continue with part-heard criminal cases during the legal vacation.