Legal researcher challenges judicial vacation at Supreme Court

Legal researcher Mr Elorm Kwami Gorni has petitioned the Supreme Court to rule Ghana’s two-month judicial vacation as unconstitutional. Gorni contends that the annual break, during which the Court of Appeal and Supreme Court typically do not convene, severely limits access to justice and causes delays in case resolution. He filed the lawsuit against the Attorney-General and Chief Justice under Articles 2(1) and 130(1) of the 1992 Constitution, which outline the enforcement and interpretation of the country’s laws.

The suit challenges the annual recess observed by the Superior Courts from August 1 through September 30 each year. While the High Court maintains a schedule to handle urgent cases through designated vacation courts, the Court of Appeal and Supreme Court generally suspend their sessions. Gorni argues that this practice conflicts with Articles 19(1), guaranteeing a fair hearing within a reasonable timeframe, as well as Articles 23 and 33, which pertain to fair administrative justice and the protection of fundamental human rights and the right to appeal, respectively.

He also draws on Articles 125 and 296, which deal with the administration of justice and discretionary powers. Gorni is requesting a declaration that the judicial vacation, when it halts or significantly restricts the hearing and determination of cases, is unconstitutional. He is also asking the Court to declare unconstitutional the suspension of Court of Appeal and Supreme Court sessions during the two-month period, specifically challenging Rule 61(b) of the Court of Appeal Rules 1997 and Rule 82 of the Supreme Court Rules 1996.

Gorni is seeking an order to strike down these provisions to the extent they authorize or permit uninterrupted suspension of court sessions. He is asking the Supreme Court to interpret Article 19(1) as imposing an ongoing duty on the State and Judiciary to organize the justice system for timely access to Superior Courts. Gorni wants the Court to direct the Chief Justice to implement administrative and procedural measures, including rotating vacation sittings, to enable the Court of Appeal and Supreme Court to continue hearing and resolving cases during the designated period.

Gorni maintains that such arrangements would safeguard the constitutional right to a fair hearing within a reasonable time while allowing judicial officials and attorneys to observe the vacation.