Professor Stephen Kwaku Asare is a private legal practitioner
Private legal practitioner, Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, has backed the continuation of criminal trials during the legal vacation, arguing that the need for lawyers to take time off should not bring the administration of criminal justice to a standstill.
Kwaku Azar said lawyers, like other professionals, deserve work-life balance, but noted that essential public services such as hospitals and police stations continue to operate even when individual staff members take leave.
“Lawyers deserve work-life balance. So do doctors, nurses, police officers and firefighters. Yet hospitals and police stations do not close for two months,” he stated.
He made the comments in a Facebook post on Tuesday, August 11, 2026, in response to concerns raised by the Ghana Bar Association (GBA) over judges continuing with part-heard criminal trials during the legal vacation.
The GBA, in a letter to the Chief Justice dated August 10, 2026 raised concerns about lawyers’ vacation and travel plans, the closure of law firms and the need to safeguard the work-life balance of legal practitioners.
Kwaku Azar acknowledged those concerns but argued that they should be addressed through proper leave arrangements rather than by suspending criminal proceedings.
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He questioned whether an accused person on remand should remain in custody for an additional two months simply because their lawyer is unavailable during the legal vacation.
Kwaku Azar also pointed out that accused persons on bail could continue to face reputational damage, financial costs and uncertainty while waiting for their cases to be determined.
According to him, delays in criminal proceedings affect not only accused persons but also victims, witnesses, families and the state.
Kwaku Azar maintained that while a lawyer could apply for an adjournment and provide reasons, counsel did not have the unilateral authority to halt a criminal trial because of a vacation.
“A lawyer may request an adjournment and give good reasons. But a lawyer does not have a unilateral right to stop a criminal trial merely because counsel is on vacation,” he said.
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He said the court should determine whether an adjournment was justified and, if so, how long it should last, taking into account the accused person’s constitutional right to a fair hearing within a reasonable time.
Kwaku Azar further argued that the legal vacation should not be interpreted as a complete shutdown of the courts.
He said judges, lawyers, prosecutors and court staff could take their leave while arrangements were made for cases requiring urgent attention to continue.
“A court vacation is an administrative arrangement authorized by law. A hearing within a reasonable time is a constitutional guarantee,” he indicated.
He stressed that while work-life balance remained important for lawyers, it should not be achieved at the expense of the efficient administration of criminal justice.
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