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International corporate lawyer and entrepreneur Victoria Bright has rejected claims that Chief Justice Gertrude Torkornoo’s warrants authorising judges to sit during the legal vacation were deliberately issued to facilitate the hearing of a small number of high-profile or politically sensitive criminal cases.
Speaking on JoyNews’ Newsfile on Saturday, August 15, Ms Bright said public commentary on the issue had created the impression that only a few politically sensitive cases had been selected for hearing during the vacation.
She said that impression was inaccurate, noting that 26 vacation judges had been appointed across the country and that the warrants were not necessarily tied to specific cases.
“There’s been an impression created by some of the public discussion that the Chief Justice selected only two or maybe seven politically sensitive oral cases for vacation hearing,” she said.
“And the information that’s available suggests that it’s not quite accurate, to put it that way, because I think 26 vacation judges have actually been appointed nationally, covering courts across various regions in Ghana, and the warrants are not necessarily confined to individual named cases.”
Ms Bright also stressed that the legal vacation does not mean the courts cease to operate.
She said the Judicial Service’s long vacation for the superior courts runs from August 1 to the end of September, but activities can continue during the period.
“Vacation is the general rule, but it’s not an absolute jurisdictional shutdown because we know that activities continue,” she said.
Ms Bright cited Order 79, Rule 1.1 of C.I. 47, which, subject to the Courts Act, empowers the Chief Justice to appoint any day, including during the vacation, for the hearing of cases as circumstances require.
She said Rule 4 also makes the vacation subject to Rule 1, reinforcing the position that the legal vacation does not strip the courts of jurisdiction to hear cases.
“So it’s the general rule, but it’s not a jurisdictional shutdown,” she said.
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