A Private Citizen, Elorm Kwami Gorni has sued the Attorney-General, Dr. Dominic Ayine and the Chief Justice, Justice Paul Bafffoe-Bonnie, challenging the constitutionality of the long-standing practice of legal vacation.
In a write filed on August 7, 2026 at the Supreme Court and sighted by 3News, Elorm Gorni is invoking the original jurisdiction of the Supreme Court under Articles 2(1) and 130(1) of the 1992 Constitution to challenge the annual legal vacation practice observed by the Superior Courts of Judicature, specifically the Court of Appeal and Supreme Court.
He argues that while High Courts do sit on cases during legal vacation through designated vacation courts for urgent matters, the Court of Appeal and Supreme Court suspend all sittings for a continuous two-month period.
This practice he contends is unconstitutional.
He is therefore, seeking a declaration that the complete two-month suspension of sittings by the Court of Appeal and Supreme Court during legal vacation unconstitutional, null, and void.
Also, he wants the Apex Court to issue an order striking down Rule 61(b) of C.I. 19 and Rule 82 of C.I. 16 to the extent that they authorize or permit the complete cessation of sittings.
He is also seeking an order directing the Chief Justice to institute administrative and procedural arrangements, including rotational vacation sittings to ensure the Court of Appeal and Supreme Court continuously hear and determine cases year-round.
The Plaintiff contends that completely suspending Court of Appeal and Apex court sittings for two months delays the administration of justice and amounts to an infringement on constitutional rights to a fair hearing within a reasonable time.
The suit specifically challenges 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) as unconstitutional subsidiary legislation that unduly restricts the continuous exercise of judicial power.
The Plaintiff while acknowledging the necessity of rest and leave for judicial officers, suggested alternative means through which the rest can be undertaken.
He argued that Judicial officers and lawyers could rest through less restrictive means, such as rotational panels or scheduled vacation sittings—without shutting down the courts entirely.
His suit comes come amid a dispute over the scheduling of the Signals Bureau trial during the legal vacation, with Samuel Atta Akyea, lead counsel for the accused (Kwabena Adu Boahene) refusing to appear in court for proceedings, insisting that courts are on legal vacation and will not be compelled by the Chief Justice to appear in curt for trial to continue.
Read full writ below.
Writ – Elorm Kwami Gorni vs Attorney General & The Chief Justice
