Private legal practitioner Lawyer Gideon Tettey has explained that the legal vacation period does not mean that Ghana’s courts completely shut down or that judicial activities come to a halt.
Speaking on Ahotor FM’s Adekyee Mu Nsem with Citizen Kofi Owusu in Accra, Lawyer Tettey said legal vacation is a period during which the normal operations of the courts are reduced, with not all judges sitting at the same time.
According to him, the concept of legal vacation allows judges and judicial officers to take a break from the regular workload, but it does not prevent the Judiciary from dealing with important, urgent or specialised matters.
He explained that some courts may continue sitting during the vacation period, particularly where there are cases or applications that require immediate attention.
Lawyer Tettey stressed that the existence of legal vacation should therefore not be interpreted to mean that no case can be heard in court during August and September.
He further explained that the Chief Justice, as the head of Ghana’s Judiciary, has administrative powers to make arrangements for the courts and determine which judges or courts should sit during the vacation period.
He said this is why the public should distinguish between the general observance of legal vacation and the continued sitting of specially designated courts.
> “Legal vacation does not mean that all the courts will sit, but it also does not mean that all the courts are closed.”
Lawyer Tettey acknowledged that there is currently a debate over the decision to allow certain specialised cases to proceed during the legal vacation.
He noted that some lawyers and interested parties have questioned why particular cases should receive attention during the vacation period when the general understanding is that the courts are on break.
However, he said those concerns must be considered within the broader legal and administrative powers of the Chief Justice.
He explained that the controversy has now moved beyond public debate because a party has taken the matter to the Supreme Court seeking an interpretation of the legal position on vacation sittings.
According to him, the Supreme Court is therefore expected to provide clarity on whether the arrangements made during the legal vacation are consistent with the law and the powers vested in the Chief Justice.
He said lawyers, like other professionals, can have different interpretations of legal provisions, and it is ultimately the responsibility of the Supreme Court to settle constitutional and legal disputes.
Lawyer Tettey therefore urged the public to exercise patience and allow the Supreme Court to determine the matter rather than drawing conclusions based solely on competing opinions.
He emphasised that legal vacation is not a compulsory closure of the Judiciary, but rather an established arrangement under which the normal sittings of the courts are reduced while certain courts continue to handle matters that require judicial attention.
He added that the outcome of the Supreme Court’s interpretation would be important in bringing finality to the current debate and clarifying the limits of the Chief Justice’s authority during the legal vacation.
Story by Stephen Kwaku Owusu Mintah/Ahotoronline/Accra.