Elorm Kwami Gorni, a private citizen, has sued the Attorney General Dominic Ayine and Chief Justice Paul Baffoe-Bonnie at the Supreme Court over Ghana’s legal vacation arrangements.
The private citizen is challenging the constitutionality of the annual suspension of sittings at the Supreme Court and Court of Appeal from August 1 to September 30.
On July 28, 2026, the private citizen’s suit invokes the Supreme Court’s original jurisdiction under Articles 2(1) and 130(1) of the 1992 Constitution.
According to Elorm Kwami Gorni, the two-month suspension undermines citizens’ constitutional right to access justice within a reasonable time.
He argued that while High Courts continue to sit during the legal vacation, the plaintiff says the Supreme Court and Court of Appeal do not sit throughout the period, adding that the development leaves litigants with pending matters before the two appellate courts waiting until the vacation ends.
He argued that the arrangement could delay appeals, constitutional cases, applications for stay of execution, interlocutory applications and judicial review proceedings.
Elorm Kwami Gorni 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 to the extent that they permit the suspension of sittings during the legal vacation.
Meanwhile, the Attorney General and Chief Justice have been named as the first and second defendants respectively.
In related news, Chief Justice Paul Baffoe-Bonnie has told the Ghana Bar Association (GBA) and Lawyers representing Abdul-Hanan Wahab and former National Signals Bureau Director-General Kwabena Adu-Boahene, Godfred Dame and Atta Akyea that legal vacation doesn’t stop judges from hearing cases.
Justice Paul Baffoe-Bonnie debunked suggestions that lawyers can decline to proceed with cases simply because they have been scheduled during the legal vacation.
According to the Chief Justice, a judge who is sitting and ready to hear a case cannot be prevented from doing so purely because counsel has made personal arrangements during the vacation period.
Speaking at the 2nd Quadrennial Delegates Congress of the Senior Staff Association of the Judicial Service of Ghana in Sunyani in the Bono Region, the Chief Justice stated, “You cannot say that there is legal vacation, so a judge who is actually sitting and ready to do your case cannot do it. No, that’s not it”.
“To write to the Chief Justice to say that the cases should not be adjourned to the vacation, so I am not coming, I have already made arrangements outside, so I am not coming.
“You are a lawyer; you have your clients. If your clients decide to give you leave, well, go on leave, but you cannot say that there is a legal vacation and the judge who is actually sitting cannot do your case. No, that is not it,” he stated.
“No, adjournments are not at the instance of the Chief Justice. Adjournment is a judicial act. This is something that is so basic,” he said.
Chief Justice Paul Baffoe-Bonnie’s comments follow a letter from the Ghana Bar Association (GBA) appealing to him over concerns about lawyers being required to appear in court during the legal vacation.
According to the GBA, they are concerned about directives that compel lawyers to appear in court during the vacation period despite indicating their unavailability.
The GBA argued that Counsel are not under any compulsion to appear before a Vacation Court.
They noted that the legal vacation, which runs from August 1 to September 30, is intended to provide judges, lawyers and judicial staff a period of respite following the demanding calendar.
They, however, noted that Vacation Courts may sit to deal with urgent and interlocutory matters during the period.
There are issues in every family, I call my sister (Adwoa Safo) “Sokode” – Akofenya speaks #GHNow #fyp pic.twitter.com/5MbUA3ZTix
— GHnow (@ghnow_) August 10, 2026
@ghnow_ “I take all the blame, I am sorry for this disgrace to my father”- Akofena Speaks #GHNow #fyp ♬ original sound – GHnow
