A private citizen, Elorm Kwami Gorni, has sued the Attorney General Dominic Ayine and Chief Justice Paul Baffoe-Bonnie at the Supreme Court over Ghana's legal vacation arrangements. The suit challenges the constitutionality of the annual suspension of sittings at the Supreme Court and Court of Appeal from August 1 to September 30.
Disputed Legal Vacation Under Scrutiny
The Supreme Court has been the focal point of a new lawsuit filed by Mr Gorni, who argues that the two-month suspension of sittings undermines citizens' constitutional right to access justice within a reasonable time. According to him, the arrangement leaves litigants with pending matters before the two appellate courts waiting until the vacation ends.
Constitutionality of the Rules in Question
Mr 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. He argues that the rules and their implementation are inconsistent with Articles 19(1), 23, 33, 125, and 296 of the Constitution.
Seeking Alternative Arrangements
The plaintiff also contends that determining when courts sit is an administrative function and must meet the constitutional requirement of fairness and reasonableness. He stresses that his challenge is not against judges taking annual leave or having periods of rest. Rather, he wants the court to determine whether judicial leave can be organised without completely suspending the constitutional functions of the two appellate courts.
A Challenge to Ghana's Legal System
The case places Ghana's longstanding legal vacation system before the Supreme Court and raises questions about its impact on access to justice and the timely determination of cases. Mr Gorni is seeking an order directing the Chief Justice to consider alternative arrangements, including rotational sittings, vacation panels, or staggered judicial leave. He believes that such measures could allow the Supreme Court and Court of Appeal to continue hearing cases throughout the legal year while preserving judges' entitlement to annual leave.
What's Next for the Supreme Court?
The case is now before the Supreme Court, and a ruling is expected in the coming months. The outcome of the case will have significant implications for Ghana's legal system and the country's approach to judicial leave. As the case unfolds, it will be interesting to see how the Supreme Court addresses the issues raised by Mr Gorni and what impact the ruling will have on the country's access to justice.
Source: Joy Online
