JUST IN: Private citizen sues Chief Justice, Attorney General at the Supreme court over legal vacation
A private citizen, Elorm Kwami Gorni, has filed a suit at the Supreme Court against Attorney General Dominic Ayine and Chief Justice Paul Baffoe-Bonnie, challenging Ghana’s legal vacation arrangements.
Mr Gorni is contesting 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.
He argues that the two-month suspension could undermine citizens’ constitutional right to have their cases determined within a reasonable time.
According to the plaintiff, although the High Courts continue to operate during the legal vacation through designated vacation courts, the Supreme Court and Court of Appeal do not sit throughout the period.
He says this leaves litigants with pending cases before the two appellate courts waiting until the legal vacation ends.
Mr Gorni contends that the arrangement may delay appeals, constitutional cases, applications for stay of execution, interlocutory applications and judicial review proceedings.
He 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 allow 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 further maintains that determining when courts sit is an administrative function that must comply with constitutional principles of fairness and reasonableness.
He clarifies that his challenge is not against judges taking annual leave or having periods of rest, but rather seeks to determine whether judicial leave can be organised without completely suspending the constitutional functions of the two appellate courts.
Among the reliefs sought is an order directing the Chief Justice to explore alternative arrangements, including rotational sittings, vacation panels or staggered judicial leave.
Mr Gorni believes such measures could enable the Supreme Court and Court of Appeal to continue hearing cases throughout the legal year while allowing judges to enjoy their annual leave.
The case has therefore brought Ghana’s longstanding legal vacation system before the Supreme Court, with broader questions surrounding access to justice and the timely determination of cases
