A legal researcher and academic, Elorm Kwami Gorni, has filed a case at the Supreme Court challenging the two month legal vacation observed by Ghana’s Superior Courts.
He is asking the Supreme Court to declare the practice unconstitutional, arguing that the closure of the Court of Appeal and the Supreme Court for two months can delay the delivery of justice and limit access to the courts.
The case has been brought under Articles 2(1) and 130(1) of the 1992 Constitution, which provide avenues for constitutional interpretation and enforcement at the Supreme Court.
In Ghana, the Superior Courts observe an annual legal vacation from August 1 to September 30.
During this period, the High Court does not completely stop work. Special vacation courts are established to deal with urgent matters.
However, Mr Gorni argues that the Court of Appeal and the Supreme Court do not sit during the period, meaning cases and applications before those courts generally have to wait until the end of the vacation.
According to Mr Gorni, the practice can cause unnecessary delays, particularly for people who need urgent decisions from the higher courts.
He argues that the arrangement affects the constitutional right to a fair hearing within a reasonable time under Article 19(1).
He relies on Articles 23, 33, 125 and 296, which deal with fair administrative justice, enforcement of fundamental rights, the administration of justice and the fair exercise of discretionary powers.
He contends that the courts must remain institutionally available to deal with cases in a timely manner, even during periods designated as legal vacation.
Among other reliefs, Mr Gorni wants the Supreme Court to declare that the legal vacation, to the extent that it suspends or substantially restricts the hearing of cases and causes undue delays, is inconsistent with the Constitution.
He is also challenging 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), which provide for the vacation arrangements of the two courts.
He wants the court to strike down those provisions to the extent that they permit the Court of Appeal and Supreme Court to suspend their sittings for the two month period.
Mr Gorni is further asking the Supreme Court to direct the Chief Justice to introduce arrangements, including rotational vacation sittings, to allow the two courts to continue hearing and determining cases during the legal vacation.
The Supreme Court is expected to determine whether the current legal vacation arrangement is consistent with the constitutional requirement for timely access to justice.
By: Jacob Aggrey
