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GBA President ‘in error’ on legal vacation, trial – Deputy AG

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Legal practitioner Dr. Justice Srem-Sai has faulted the President of the Ghana Bar Association (GBA) over claims made in a letter to the Chief Justice dated August 10, 2024, regarding the conduct of trials during the legal vacation.

In the letter, the GBA President made two key assertions. First, that “Vacation Courts” only handle emergencies, “usually interlocutory matters and never trials.”

Second, was that the decision to proceed with substantive matters during vacation “has always been the willingness, availability of Counsel to appear,” meaning “Counsel are not under any compulsion whatsoever to appear before a Vacation Court.”

However, Dr. Srem-Sai in statement says both claims are unsupported by law, rules, practice, or reason.

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Dr. Srem-Sai explained that court work is divided into two: substantive proceedings which can finally determine a case, including trials; and interlocutory proceedings such as motions and summons which do not.

He noted that during the “long legal vacation” in August and September, superior courts only “scale down significantly”, they do not shut down. A few judges are designated to work by a warrant issued by the Chief Justice, who is the administrative head of the courts.

“It is the Chief Justice who determines when and where a Court should work,” Dr. Srem-Sai wrote. A lawyer or a body of them do not determine that,” he stated.

He argued that giving lawyers the power to decide whether to appear would undermine the purpose of courts.

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According to him, “A lawyer’s primary duty is to his client not to the client of another lawyer. If allowed to determine how justice is administered… lawyers will decisively make decisions which will promote his client’s interest over the interest of another lawyer’s client.”

Citing England, where the vacation practice originated, he noted that the Civil Procedure Rules Practice Direction 2F vests discretion in the bench with phrases like “as the Court may direct” and “subject to the discretion of the Judge,” The same, he said, applies in Ghana.

He noted that contrary to the GBA President’s claim that trials are “never” held during vacation, Dr. Srem-Sai said vacation judges can and do conduct substantive proceedings, but only in respect of cases in their own courts.

According to him, this is because a vacation judge eventually takes his leave during term time, and another “term judge” then handles only interlocutory matters in his court until he returns.

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The arrangement, he explained, prevents cases in a vacation judge’s court from suffering “disproportionate delays.”

For cases from other judges’ courts, a vacation judge may only take interlocutory matters, because only a substantive judge can finally determine a case.

“So, again, one is not particularly clear what the GBA President grounds the allegation that courts ‘never’ conduct trials during legal vacations on,” he stated.

Dr. Srem-Sai acknowledged that law practice is draining and that legal vacation offers a needed rest. He said judges have traditionally accommodated lawyers’ requests to scale down work, but “always upon request, on case-by-case basis, and is subject to the consideration of the Judge.”

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“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 concluded.

He warned that the GBA President’s proposition “seeks to move the power to manage and control court proceedings and to do justice from the hands of the Judge into the hands of a lawyer,” a move with “severe and far-reaching policy implication for justice administration in Ghana.”

By Edem Mensah-Tsotorme

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Veteran actor and broadcaster, Seth Kwame Dzokoto dead

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Management and staff of Owass FM have announced the passing of media personality, comedian and politician Seth Kwame Dzokoto following a medical emergency during a live morning show discussion at the station earlier today.

According to the station, Dzokoto was participating in a panel discussion on its morning show “Oman Nkoso” when he suddenly took ill and collapsed.

A statement from the station said its team immediately rushed him to the hospital for medical attention, but he was pronounced dead by the attending medical doctor upon arrival.

“We are deeply saddened by this unfortunate incident, which occurred in the course of our regular programming. Our thoughts and prayers are with his family, loved ones, colleagues, and all those who have been affected by his passing,” the statement said.

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Management acknowledged that information about the incident is already circulating in the public domain, but appealed to the public and colleague media houses to respect the privacy of the bereaved family and refrain from circulating unverified information or speculation regarding the circumstances of his death.

Owass FM extended its heartfelt condolences to the family of Seth Kwame Dzokoto.

By Edem Mensah-Tsotorme

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AG appeals against suspension of Republic v Hanan Aludiba & Faiza Seidu trial

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The State through the Attorney General (AG) has filed an appeal at the Supreme Court challenging the suspension of the trial in the case of The Republic v Hanan Aludiba and Faiza Seidu.

On Monday, the Court of Appeal suspended the trial in the case. But the prosecution says it has filed an appeal against the suspension order.

According to the update, the law does not allow a criminal trial to be suspended simply because an accused person has complained about some of the charges on the charge sheet, particularly when those complaints were dismissed as meritless.

It argues that if the Court of Appeal’s decision is allowed to stand, no prosecution will ever be possible, since all it would take for a trial to be suspended is an accused person complaining about anything on the charge sheet.

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By Edem Mensah-Tsotorme

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