This shouldn’t be complicated – Samson Lardy Anyenini wades into legal vacation controversy

Legal practitioner Samson Lardy Anyenini has dismissed as unnecessary the ongoing controversy surrounding Ghana’s legal vacation system, stating that it is a long-standing aspect of the country's judicial framework. Speaking on Adom FM's Dwaso Nsem, Anyenini emphasized that the issue has become contentious primarily due to the tendency to politicize matters that should remain within the purview of the legal profession.

He asserted that the legal vacation is not a complicated matter and has been a part of Ghana's legal system for over 150 years, with judges traditionally granted a two-month break from regular court proceedings. Anyenini explained that lawyers who wish to take time off also typically plan their leave to align with the judges' vacation.

He further argued that the arrangement is not atypical, especially considering that employees generally have the right to annual leave to protect their health and wellbeing. The legal vacation, as clarified by Anyenini, specifically applies to the superior courts, including the High Court, Court of Appeal, and Supreme Court. Lower courts operate under different systems for managing court proceedings and are not part of the legal vacation arrangement.

Anyenini suggested that the superior courts might consider adopting elements of the lower courts' approach to ensure that court business continues while allowing judges and lawyers adequate rest periods. He pointed out that the legal vacation does not imply a complete cessation of judicial work, as a schedule is prepared identifying judges who will handle emergency or urgent matters during the vacation period.

Currently, about 11 courts function as vacation courts, providing a means for urgent cases to be heard while the broader legal vacation is observed. Anyenini maintained that the existing system aims to balance granting judges time to rest and ensuring that critical cases are not left unattended.