Srem-Sai Warns Lawyers’ Vacation Court Boycott May Harm Accused Person

Accused persons in Ghana are being left vulnerable due to lawyers boycotting court proceedings during the country's ongoing legal vacation. The boycott, which started in August, has left many cases unresolved as lawyers refuse to participate in court proceedings.

Lawyers' Dispute Over Vacation Sittings Worsens

A dispute between the Ghana Bar Association (GBA) and the judiciary over the Chief Justice's directive for selected courts to sit during the legal vacation has worsened, affecting several high-profile criminal cases. The GBA has questioned the practice of conducting substantive trials during the vacation, arguing that the period has traditionally been reserved mainly for urgent applications, motions, and interlocutory matters.

Deputy Attorney-General Raises Concerns

Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has expressed concern about accused persons whose lawyers have chosen to stay away from court during the legal vacation. Speaking on JoyNews' Top Story, Dr Srem-Sai said lawyers who boycott proceedings for reasons related to the dispute over vacation sittings could leave their clients vulnerable, particularly in criminal cases where accused persons have a constitutional right to legal representation.

"It worries me, but from the perspective of someone who believes in the right of an accused person to counsel of his thoughts, I would be worried if I have a lawyer who, for his own purposes, has decided to avoid court and to use extrajudicial means to try to defend my rights in a criminal trial. So I am actually worried," Dr Srem-Sai said.

Lead Counsel Defends Decision Not to Appear in Court

Lead counsel Samuel Atta Akyea has defended his decision not to appear in court during the vacation, describing the continued conduct of substantive trials as an "aberration" and "selective justice". However, Dr Srem-Sai stressed that the dispute over legal vacation practice should not result in accused persons being deprived of effective legal representation.

Trial Judges Warn of Consequences

Trial judges in some of the affected cases have warned that where accused persons appear without counsel, they may be required to personally conduct the cross-examination of prosecution witnesses. This has raised concerns about the fairness of the trial process and the potential consequences for accused persons who are not adequately represented.

Dispute Continues Amid Ongoing Legal Vacation

The dispute between the GBA and the judiciary continues, with the legal vacation set to run until September 30. The situation has left many accused persons in a precarious position, relying on their lawyers to ensure their rights are protected.

Source: JOY