Legal practitioner Samson Lardy Anyenini has described the ongoing controversy over Ghana’s legal vacation as unnecessary, arguing that the arrangement is a longstanding part of the country’s judicial system.
Speaking on Adom FM’s Dwaso Nsem, Mr Anyenini said the issue has become contentious largely because of the tendency to politicise matters that should otherwise be handled within the legal profession.
“This issue about legal vacation is not anything complicated, but it is because when we politicise issues, that is what becomes problematic, and this noise,” he said.
According to him, the legal vacation has been part of Ghana’s legal system for more than 150 years, with judges traditionally given about two months to take a break from regular court proceedings.
He explained that lawyers who also wish to take a break during the period usually plan their leave to coincide with the judges’ vacation.
“If lawyers want to rest, they arrange it to coincide with that of the judges,” he said.
Mr Anyenini argued that the arrangement is not unusual, especially because employees are generally entitled to annual leave, which is intended to protect their health and wellbeing.
“It doesn’t make sense that I have a law firm and the law allows for annual and mandatory leave. The law is even against an employee selling it off for health safety,” he explained.
He clarified that the legal vacation applies specifically to the superior courts, including the High Court, Court of Appeal and Supreme Court.
The lower courts, he noted, do not operate under the same legal vacation arrangement and have their own systems for managing court proceedings.
“The legal vacation is for only the High Courts, thus Court of Appeal and Supreme Court. The lower courts are not part of it; they have their own arrangements and don’t wait for the legal vacation,” he said.
Mr Anyenini suggested that the superior courts could consider adopting aspects of the lower courts’ approach to ensure that court business continues while still allowing judges and lawyers adequate time to rest.
He also pointed out that the legal vacation does not mean that all judicial work comes to a complete halt.
According to him, a schedule is prepared identifying judges who will sit as vacation judges to handle urgent or emergency matters during the period.
“So there is also a list that during the legal vacations, some judges will sit on some emergency cases,” he said.
Mr Anyenini disclosed that about 11 courts are currently sitting as vacation courts, providing an avenue for urgent cases to be heard while the broader legal vacation is observed.
He maintained that the existing system is therefore designed to strike a balance between allowing judges to rest and ensuring that critical cases are not left unattended.
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