‘Cases don’t go on leave’ – Chief Justice defends judges sitting during legal vacation

Chief Justice Paul Baffoe-Bonnie has weighed in on the growing controversy over whether judges should sit during Ghana’s legal vacation, insisting that the courts cannot completely suspend their work simply because the period is in effect. According to the Chief Justice, legal vacation does not mean the administration of justice comes to a halt, particularly when urgent and emergency cases require immediate attention. “Cases don’t go on leave, and emergency cases have to be heard.

Legal vacation doesn’t mean all things must cease,” he said. His comments come amid an ongoing debate within Ghana’s legal fraternity over the propriety of judges sitting during the legal vacation. The issue has also found its way before the Supreme Court, following a case brought by the Member of Parliament for Ofoase-Ayirebi, Kojo Oppong Nkrumah, challenging the practice.

The case was dismissed, but Mr Oppong Nkrumah has since filed an application seeking a review of the decision. Speaking during a courtesy call on the Minerals Income Investment Fund (MIIF), Justice Baffoe-Bonnie defended judges who continue to sit during the legal vacation. He explained that the practice does not amount to a breach of the rules of the Judicial Service, stressing that provisions exist for judges to handle urgent matters during the period.

The Chief Justice said the justice system must remain responsive to cases that are time-sensitive and cannot reasonably be delayed until the courts fully resume. He argued that putting all court proceedings on hold during the legal vacation could have serious consequences for litigants whose cases require immediate attention. Justice Baffoe-Bonnie said the controversy surrounding judges sitting during the legal vacation should therefore not have arisen, given the provisions allowing the courts to deal with critical matters when necessary.

He assured the public that the judiciary remains committed to ensuring access to justice at all times, including during the legal vacation. Chief Justice Paul Baffoe-Bonnie has defended the decision by some judges to sit during the legal vacation, insisting that the courts cannot completely shut down because “cases do not go on leave.” He explained that the law permits judges to hear urgent and emergency matters during the vacation where delaying proceedings until the courts resume could have serious consequences. He explained that although judges, like other workers, are entitled to annual leave, the Judiciary has adopted a collective vacation period in August and September rather than requiring judges to take their leave individually.

However, he said the collective vacation does not mean the administration of justice comes to a complete halt. “We know that the cases do not go on leave. The Chief Justice cited situations in which immediate judicial intervention may be required, including cases involving the death of an individual where an injunction has been filed to prevent the release of a body.