Private legal practitioner and member of the Ghana Bar Association, Nelson Noble Amedewonu Esq has expressed his disappment at the Ghana Bar Association (GBA) for the tone of the letter they wrote to the Chief Justice.
Speaking with Lantam Papanko on Starr Focus,
he challenged the Association to go beyond expressing concerns over the Chief Justice’s decision to authorise judges to sit during the legal vacation and seek a judicial determination on the legality of the directive.
According to Mr Amedewonu, the key issue the Ghana Bar Association should be addressing is whether the Chief Justice acted within the powers conferred on the office by law when the warrant was issued.
He stated “rather than writing a letter to the Chief Justice, the Ghana Bar Association should consider taking legal action to obtain clarity from the courts and establish a precedent on the matter”.
“The warrant the Chief Justice gave, is it in his place, or does he have the power to do so? Does the law give him the mandate to do so?” he asked.
Mr Amedewonu argued that the applicable rules appear to give the Chief Justice the authority to appoint days, including during the legal vacation, for the hearing of cases where circumstances require.
He referred to provisions under the rules of court which, in his view, empower the Chief Justice to make such arrangements.
“So clearly the Chief Justice has the mandate and power to do so, and he has done so,” he said.
He stressed that sitting during the legal vacation is not an entirely new practice, noting that there have been previous instances where courts have continued to hear cases during the vacation.
However, he acknowledged that the concerns raised by the Ghana Bar Association over the directive are understandable, particularly because lawyers also require the vacation period to rest.
Mr. Amedewonu explained that lawyers often plan their schedules around the legal vacation and may be unavailable to attend court when judges decide to hear cases during the period.
He said the situation could create difficulties for lawyers whose cases are adjourned to dates within the vacation, especially when they have already made plans to be away.
He maintained that, in principle, lawyers understand the need for the legal vacation and the Ghana Bar Association’s concerns about ensuring members have time to rest.
However, he said the disagreement should ultimately be resolved through the legal system rather than correspondence between the Bar and the Chief Justice.
Mr. Amedewonu said the Ghana Bar Association has the legal standing and experience to seek judicial interpretation on contentious issues affecting the legal profession.
He added that such a legal challenge would benefit the entire legal profession by providing clarity on the powers of the Chief Justice and establishing a precedent that could guide future decisions concerning court sittings during legal vacation.
According to him, the Association should be prepared to take the matter to court and allow the judiciary to determine whether the Chief Justice acted within the law.
Mr Amedewonu said such a definitive judicial pronouncement would be more useful to lawyers than a letter expressing disagreement with the Chief Justice’s decision.
He therefore urged the Ghana Bar Association to stop at the level of correspondence and instead use the courts to test the legality of the Chief Justice’s decision.
“The Ghana Bar should not be writing letters in such a situation. They should rather take on the system,” he said.
Source: Starrfm.com.gh/Pamela Quayson
