Ghana’s Deputy Attorney-General and Minister for Justice, Dr. Justice Edem Srem‑Sai, has clarified that legal vacations do not amount to a shutdown of the courts, stressing that the Chief Justice retains authority to issue warrants for judges to sit during vacation periods.
In a Facebook post, Dr. Srem‑Sai cited Order 79 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), which outlines the schedule for legal vacations but makes them subject to the Chief Justice’s discretion.
“The law does not say that courts are to shut down. As you may see from Rule 4 below, the legal vacation schedule is, by Rule 1(1), subject to the CJ’s decision to give warrants to a judge to work during the vacation,” he explained.
Addressing claims of a supposed convention barring court sittings during vacation, the Deputy Attorney-General argued that such a convention does not exist in law. He noted that conventions must be established by evidence of consistent practice and a uniform belief that the practice is binding as law.
“CJs have consistently, throughout the ages, given vacation warrants to judges who have conducted trials,” he stated, adding that no alleged convention can override express provisions of law.
Dr. Srem‑Sai emphasized that neither lawyers nor professional associations have the authority to determine whether court proceedings should continue during vacation periods.
His comments come amid ongoing debate within the legal fraternity about the scope of court operations during vacation, with the Deputy Attorney-General underscoring that statutory rules, not informal practices, govern the matter.
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