'Lawyers cannot decide when courts sit' – Dr Srem-Sai fires GBA President

Deputy Attorney General and Minister of Justice, Dr Justice Srem-Sai, has challenged the position of the Ghana Bar Association (GBA) President, Efua Ghartey, on the conduct of court proceedings during the legal vacation.

According to him, lawyers do not have the authority to decide whether courts should hear substantive cases during the legal vacation, arguing that such decisions rest with the bench.

Read GBA's petition to CJ challenging sittings during legal vacation

His comments were contained in a response to claims by the GBA President in a letter to the Chief Justice dated August 10, 2024.

The GBA President had stated that courts designated as vacation courts traditionally handled emergencies and interlocutory matters, but did not conduct trials.

“This notwithstanding, the Judiciary, with the consent of other stakeholders have by convention over the years, agreed to certain courts being designated as Vacation Courts to handle any emergencies arising during the vacation, usually interlocutory matters and never trials,” the GBA President stated.

Ghartey also argued that the availability and willingness of lawyers to appear in court were important considerations when matters were scheduled during the legal vacation.

However, Dr Srem-Sai rejected that position, saying the management of court proceedings cannot be left in the hands of lawyers.

“Contrary to the GBA President’s claim, the power to decide whether to take proceedings on the substance of a case during a legal vacation is for the bench, not for the bar,” he said.

He explained that courts reduce their workload during the legal vacation but do not completely stop working.

According to him, the Chief Justice determines which judges sit during the vacation and issues them warrants to perform their duties.

“The courts scale down on work significantly – they do not shut down. To continue operating partially, some judges – a few of them – are allowed to work over the vacation period,” he stated.

Dr Srem-Sai further explained that a vacation judge can hear both substantive and interlocutory matters in cases belonging to that judge’s court.

However, where a judge is handling cases from another court, the vacation judge is limited to interlocutory matters.

He also disagreed with the claim that trials are never conducted during the legal vacation, saying Ghanaian courts have previously conducted trials during such periods.

“We are also aware that Courts have customarily conducted trials over legal vacation. Nowhere, either in England or in Ghana, is a lawyer or a body of them given the power to determine how court proceedings should go,” he said.

He argued that giving lawyers the power to determine when proceedings should take place could create a conflict of interest because lawyers are primarily responsible for protecting the interests of their own clients.

“A lawyer’s primary duty is, in fact, to his client – not to the client of another lawyer,” he argued.

Dr Srem-Sai said lawyers who need a break during the legal vacation can ask the judge handling their case for accommodation.

He said the decision to grant such a request must ultimately be left to the judge, based on the circumstances of the case.

“What a professional lawyer is not entitled to do, and cannot do is to, in vacuo, beforehand, declare that he will not attend proceedings at all,” he stated.

'Any attempt will smack of bias, selective justice' - GBA on legal vacation trials

He warned that allowing lawyers to determine how court proceedings are managed could have serious implications for the administration of justice in Ghana.

He concluded by stating that the power to control proceedings must remain with judges and not be transferred to lawyers.

MAG/VPO

Betty Krosbi Unfiltered: Mahama’s Reset, Politics and the Future of Women’s Football