Legal vacation trials: Chief Justice has power to order specific cases heard – Young Lawyers Forum President

President of the Young Lawyers Forum of the Ghana Bar Association, Noah Ephraem Adamtey Tetteh, has challenged the position that vacation courts do not conduct trials. He says such a claim is inconsistent with both legal practice and the realities of proceedings before vacation courts. Speaking on Joy News’ PM Express on Tuesday, Mr Tetteh described the position attributed to the Ghana Bar Association as “quite problematic.” “I find that position quite problematic, and I think that kind of position does not really adhere to, in my view, what we see with the practice of law that I have witnessed in my few years at the bar, and also with the law itself,” he said.

His comments come amid a controversy over the Chief Justice’s directive for certain cases to be heard during the legal vacation. The debate has centred on whether vacation courts are limited to interlocutory matters, motions and emergency applications, or whether they can also deal with substantive issues, including trials. Mr Tetteh said it is difficult to draw a clear line between procedural matters and substantive issues during the legal vacation.

“First, I have heard that argument that when we think of what we do during vacation, we don’t go into the substance of the matter, but that is never the case because how do you even distinguish between what is the substance of the matter and what is not?” he asked. He cited summary judgment applications as an example of proceedings that can determine the outcome of a case. “I have been before vacation courts, and I am sure my seniors here might have seen similar instances where parties have filed motions that terminate the case,” he said.

“For example, when a party is filing a summary judgment, you can’t term that as just a procedural or a motion that does not go to the substantive heart of the case,” he added. Mr Tetteh also pointed to judgment on admission applications. “When someone files a motion or notice for judgment on admission, for instance, that is not a merely procedural matter.

That brings the matter to a close,” he said. He therefore believes it is problematic to maintain that vacation courts cannot deal with substantive matters or trials. “And so it is very problematic when we say the vacation courts do not go into the substance of the matter or do not go into trial,” he said.

However, he said an important distinction must be made when asse… Speaking on Joy News’ PM Express on Tuesday, Mr Tetteh said such a position does not reflect either legal practice or the law as he has experienced it at the Bar. “I find that position quite problematic, and I think that kind of position does not really adhere to, in my view, what we see with the practice of law that I have witnessed in my few years at the bar, and also with the law itself,” he said.