Legal researcher challenges Ghana's two-month court vacation at Supreme Court

A legal researcher is challenging Ghana's customary two-month legal vacation for superior courts, arguing it unconstitutionally delays justice and restricts access to the judiciary.

Elorm Kwami Gorni has filed a case at the Supreme Court, contending that the annual closure of the Court of Appeal and the Supreme Court from August 1 to September 30 impedes the constitutional right to a fair hearing within a reasonable time. While the High Court operates with special vacation courts for urgent matters, Gorni argues that cases before the higher courts are generally postponed until the vacation ends.

His legal challenge, brought under Articles 2(1) and 130(1) of the 1992 Constitution, seeks a declaration that the vacation arrangement is inconsistent with the constitution. He also targets specific rules within the Court of Appeal and Supreme Court Rules that permit these extended breaks.

Gorni is requesting the Supreme Court to direct the Chief Justice to implement measures, such as rotational sittings, to ensure continuous court operations. The case will determine if Ghana's current legal vacation practices align with its constitutional mandate for timely access to justice.