Story: News Desk

A private citizen, Elorm Kwami Gorni, has sued Attorney General Dominic Ayine and Chief Justice Paul Baffoe-Bonnie at the Supreme Court over Ghana’s legal vacation arrangements. 

Mr Gorni is challenging the constitutionality of the annual suspension of sittings at the Supreme Court and Court of Appeal from August 1 to September 30. 

The suit, filed on July 28, 2026, invokes the Supreme Court’s original jurisdiction under Articles 2(1) and 130(1) of the 1992 Constitution. 

Mr Gorni argues that the two-month suspension undermines citizens’ constitutional right to access justice within a reasonable time. 

While High Courts continue to sit during the legal vacation through designated vacation courts, the plaintiff said the Supreme Court and Court of Appeal do not sit throughout the period. 

He contends that this leaves litigants with pending matters before the two appellate courts waiting until the vacation ends. 

According to him, the arrangement could delay appeals, constitutional cases, applications for stay of execution, interlocutory applications and judicial review proceedings. 

Mr Gorni is asking the Supreme Court to declare Rule 61(b) of the Court of Appeal Rules, 1997 (C.I. 19), and Rule 82 of the Supreme Court Rules, 1996 (C.I. 16), unconstitutional to the extent that they permit the suspension of sittings during the legal vacation. 

He argues that the rules and their implementation are inconsistent with Articles 19(1), 23, 33, 125 and 296 of the Constitution. 

The plaintiff also contends that determining when courts sit is an administrative function and must meet the constitutional requirement of fairness and reasonableness. 

He stressed that his challenge is not against judges taking annual leave or having periods of rest. 

Rather, he wants the court to determine whether judicial leave can be organised without completely suspending the constitutional functions of the two appellate courts. 

Among the reliefs being sought is an order directing the Chief Justice to consider alternative arrangements, including rotational sittings, vacation panels or staggered judicial leave. 

Mr Gorni says such measures could allow the Supreme Court and Court of Appeal to continue hearing cases throughout the legal year while preserving judges’ entitlement to annual leave. 

The case places Ghana’s longstanding legal vacation system before the Supreme Court and raises questions about its impact on access to justice and the timely determination of cases.