A private citizen, Elorm Kwami Gorni, has filed a lawsuit at the Supreme Court against Chief Justice Paul Baffoe-Bonnie and Attorney General Dominic Ayine. The suit challenges Ghana’s annual legal vacation arrangements. Mr. Gorni is contesting the constitutionality of the two-month suspension of sittings at the Supreme Court and Court of Appeal.
The legal vacation runs from August 1 to September 30 each year. Mr. Gorni argues this suspension could undermine citizens’ constitutional right to have their cases determined within a reasonable time. While High Courts operate through designated vacation courts, the Supreme Court and Court of Appeal do not sit during this period. This leaves litigants with pending cases waiting for the vacation to end.
This legal challenge fits into a broader discussion about access to justice in Ghana. Delays in the judicial system can impact economic activity and investor confidence. Businesses rely on efficient dispute resolution. Prolonged court processes can increase operational costs and uncertainty for companies operating in Ghana. The timely determination of cases is crucial for maintaining a predictable legal environment.
Mr. Gorni’s 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 contends that the arrangement may delay appeals, constitutional cases, and other critical legal 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. These rules allow the suspension of sittings during the legal vacation. Mr. Gorni argues these rules are inconsistent with several constitutional articles, including 19(1), 23, 33, 125, and 296.
The plaintiff maintains that determining when courts sit is an administrative function. This function must comply with constitutional principles of fairness and reasonableness. He clarified that his challenge is not against judges taking annual leave or having periods of rest. Instead, he seeks to determine if judicial leave can be organized without completely suspending the constitutional functions of the two appellate courts. This distinction is important for understanding the scope of the legal challenge.
Among the reliefs sought, Mr. Gorni is requesting an order directing the Chief Justice to explore alternative arrangements. These alternatives include rotational sittings, vacation panels, or staggered judicial leave. He believes such measures could enable the Supreme Court and Court of Appeal to continue hearing cases throughout the legal year. This would also allow judges to enjoy their annual leave. The outcome of this case could significantly alter Ghana's judicial calendar and impact the efficiency of its highest courts. It will be closely watched by legal professionals, businesses, and citizens alike.