Deputy Attorney-General says the Ghana Bar Association (GBA) is seeking to turn an accommodation traditionally granted to lawyers during the legal vacation into a right to determine which cases should be heard by the courts.

Speaking on JoyNews’ Top Story, Justice Srem-Sai argued that decisions on whether substantive matters should be heard during the legal vacation ultimately remain within the discretion of judges.

“There are situations where lawyers may urge the judge that, considering what we have reached on this case, we believe that we can hear substantive matters during the vacation and resume during court a 10-10 time.

• Read also: I’m not using legal vacation to delay Adu Boahene trial – Atta Akyea

“The judge may agree or may even vary that instead of staying home for this number of weeks, you rather pay five weeks and come and let's do this on this day. These are all matters which are within the discretion of the judge and judges always, all the time, accommodate lawyers during legal vacation.

“The problem presented by this current plea from the Ghana Bar Association is that they seem to be converting that which is an accommodation given to lawyers during legal vacation into a right and indeed a power on the part of lawyers to now sit in their offices and declare that because it's legal vacation, they will choose which cases to pursue and how to pursue them and the judge has no say in that.

“That has no basis in law. It has no basis in practice. That will be supported by progressive vision and the right to trial.

“So, I view what's happening as a new argument which is not supported by practice.”

Justice Srem-Sai maintained that legal vacation does not give lawyers the authority to unilaterally determine whether a case proceeds, stressing that such decisions fall within the discretion of the judge handling the matter.

His comments come amid a disagreement between the Attorney-General’s Office and the Ghana Bar Association over the conduct of court proceedings during the legal vacation.

The issue has also featured in arguments surrounding the trial of former National Signals Bureau Director-General Kwabena Adu-Boahene, where defence lawyer Samuel Atta Akyea has rejected suggestions that the defence is deliberately using the legal vacation to delay proceedings.

Mr Atta Akyea, also speaking on Top Story, insisted that he has faithfully attended court and that the defence is not seeking to frustrate the trial.

The dispute has brought renewed attention to the balance between lawyers’ customary accommodation during the legal vacation and the court’s authority to determine when proceedings should continue.