Chief Justice Paul Baffoe-Bonnie has defended the decision by some judges to sit during the legal vacation, insisting that the courts cannot completely shut down because “cases do not go on leave.” He explained that the law permits judges to hear urgent and emergency matters during the vacation where delaying proceedings until the courts resume could have serious consequences. Speaking during a courtesy call on the Minerals Income Investment Fund (MIIF), the Chief Justice said there was nothing
Chief Justice Paul Baffoe-Bonnie has defended the decision by some judges to sit during the legal vacation, insisting that the courts cannot completely shut down because “cases do not go on leave.”
He explained that the law permits judges to hear urgent and emergency matters during the vacation where delaying proceedings until the courts resume could have serious consequences.
Speaking during a courtesy call on the Minerals Income Investment Fund (MIIF), the Chief Justice said there was nothing irregular about having some judges sit during the legal vacation.
He explained that although judges, like other workers, are entitled to annual leave, the Judiciary has adopted a collective vacation period in August and September rather than requiring judges to take their leave individually.
However, he said the collective vacation does not mean the administration of justice comes to a complete halt.
“We know that the cases do not go on leave. They have to be heard,” he said.
The Chief Justice cited situations in which immediate judicial intervention may be required, including cases involving the death of an individual where an injunction has been filed to prevent the release of a body.
Such matters, he said, cannot reasonably wait until the end of the legal vacation.
“Emergency cases have to be handled. So we keep some judges behind. They stay behind. They are vacation judges,” he explained.
According to Mr Baffoe-Bonnie, judges who remain at post during the vacation to deal with such cases are entitled to take their individual annual leave after the collective vacation period.
His comments come amid public discussion over judges sitting during the legal vacation, with questions raised about whether such proceedings are consistent with the purpose of the recess.
The Chief Justice, however, maintained that the legal vacation was not intended to bring judicial work to a complete standstill.
He said the arrangement strikes a balance between allowing judges to take their annual leave and ensuring that urgent matters receive timely judicial attention.
The Judiciary therefore continues to designate vacation judges to handle emergency and other matters that cannot reasonably be deferred until the courts resume normal operations.
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