A warrant issued by Chief Justice Paul Baffoe-Bonnie authorising a judge to sit during the 2026 legal vacation does not restrict the judge to emergency applications or interlocutory matters.
The document, addressed to Justice Francis Apongabuno Achibonga and cited by JoyNews, authorises him to sit as an additional High Court judge at the Specialised Court ‘1’ at the Law Court Complex in Accra during the legal vacation.
It states: “By virtue of the powers conferred upon me, I hereby authorise you to sit as an additional High Court Judge at the Specialised Court ‘1’, Law Court Complex, Accra, during the 2026 Legal Vacation and conduct hearings.”
The warrant does not identify particular cases the judge is required to hear, nor does it expressly limit proceedings to emergencies, motions, or interlocutory applications.
The wording is significant amid claims by private legal practitioner Samuel Atta Akyea that substantive and part-heard cases should ordinarily not continue during the legal vacation.
Speaking on JoyNews’ Top Story, Mr Atta Akyea argued that vacation judges traditionally dealt with urgent matters rather than substantive trials.
“All the part-heard cases in the realm, they’ve gone to bed. I’m telling you, part-heard cases, the judges are not hearing part-heard cases in the vacation. It’s as clear as daylight,” he said.
He also questioned why some cases were proceeding during the vacation and described the situation as “selective justice”.
“Why do we have to change this thing because there are some special cases in the eyes of somebody and there are some special judges who should continue working? What is the emergency about this case? … I’ll not be part of it,” he said.
The contents of the warrant, however, show that Justice Achibonga’s authority is broadly stated as the power to “conduct hearings” at the designated court during the legal vacation.
While the document does not, by itself, settle the broader debate over the traditional scope of Vacation Court proceedings, it does not contain the restrictions suggested in arguments that vacation judges are authorised only to hear emergency or interlocutory matters.
The issue forms part of an ongoing disagreement between the Ghana Bar Association (GBA) and the judiciary over court sittings during the legal vacation.
The GBA has maintained that Vacation Courts traditionally deal with emergencies and interlocutory matters rather than substantive trials, and has also argued that the availability of counsel should be taken into account.
Deputy Attorney-General Dr Justice Srem-Sai has challenged that position, maintaining that the authority to determine whether court proceedings should take place rests with the bench rather than lawyers.
The Chief Justice has similarly defended the authority of judges who have been duly authorised to sit during the vacation.
Justice Achibonga’s warrant confirms that he has been authorised to sit as an additional High Court judge at the Specialised Court ‘1’ and “conduct hearings” during the 2026 legal vacation.
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