Former Attorney General and former Ghana High Commissioner to the United Kingdom, Ayikoi Otoo, has criticised the decision to compel lawyers to appear in court during the legal vacation, describing the practice as unfair and something that should only happen in exceptional circumstances.

According to Mr Otoo, while the High Court rules may give the Chief Justice the authority to issue directions concerning court sittings during the legal vacation, such powers should be exercised sparingly and with regard to established legal practice.

Speaking on the Joy FM Super Morning Show on Wednesday, August 12, amid the controversy over the legal vacation, Mr Otoo said he was not aware of a practice where lawyers, particularly those involved in high-profile cases, were routinely directed to continue with hearings during the break.

"I am not very conversant with that kind of practice, although in the High Court rules, you will find that the Chief Justice can give directions, including vacations. But I am not very, very conversant, to be very, very honest with you. I don't remember these things happening," he said.

Mr Otoo, who was called to the Bar in 1981 and practised law for about 45 years, said the legal profession had traditionally recognised the vacation as a period when lawyers were entitled to take a break from court proceedings.

He questioned why lawyers should be forced back into court simply because a particular case was considered important or there was pressure to conclude it quickly.

"I agree with Atta Akyea. You can't compel him. What you are doing is that you are compelling him to go to the court, to the extent that you are saying if he's not there, his clients will be compelled to do cross-examination," he said.

"Are they lawyers? Why did they go for a lawyer? The people have gone to hire a lawyer, the lawyer is on legal vacation, and you are saying that if they don't come, then the lawyers should be compelled to hear. We should stop what we are doing. I think it is simply not fair."

Mr Otoo said the legal vacation exists to give members of the legal profession an opportunity to rest, saying that the need to conclude individual cases should not automatically override that arrangement.

"We are entitled to go and rest and come after the legal vacation. So why do you compel him to go to court? Because somebody is interested in concluding a particular case," he said.

"Why can't we wait for two months for people to rest and come back to continue the hearing?"

Mr Otoo said his own experience over more than four decades in the legal profession had not exposed him to a situation where Chief Justices routinely directed lawyers to appear during the legal vacation, particularly in high-profile cases.

"I was called to the Bar in 1981. I practised law for about 45 years," he said.

"I said I don't have this experience of Chief Justices directing people to hear cases during vacations, especially with such high-profile cases. What message are you sending out there?"

This follows complaints from three law firms regarding notices directing their lawyers to appear before judges to continue hearing part-heard criminal cases during the current legal vacation.

The Ghana Bar Association (GBA) appealed to Chief Justice Paul Baffoe-Bonnie to ensure that judges uphold the established rules and traditions governing Ghana’s legal vacation, particularly in cases where lawyers have indicated that they are unavailable to appear in court.

But the Chief Justice Paul Baffoe-Bonnie rejected the position that lawyers can decline to proceed with cases simply because they have been scheduled during the legal vacation.