‘Justice is not seasonal’ — Anti-Corruption campaigner Vitus Azeri calls for end to long judicial vacation

Anti-corruption campaigner Vitus Azeem has renewed calls for the abolition of Ghana’s annual long judicial vacation for superior courts, describing the practice as an outdated colonial relic that contributes significantly to the country’s mounting backlog of cases and delays justice delivery .

Speaking to Citi News, Mr Azeem argued that the original rationale for the extended court break — which runs from August 1 to September 30 each year — no longer applies, as judges no longer require prolonged periods away from work to undertake overseas travel by sea, as was the case during the colonial era . The legal vacation was instituted during the Gold Coast era to allow British judges serving in the colonies to sail back to Britain for extended breaks — a journey that once took weeks in each direction . The timing of the vacation was deliberately aligned with the British summer season, allowing colonial judges to escape the tropical climate .

Backlog Crisis

Mr Azeem’s intervention comes at a time when Ghana’s superior courts are grappling with a staggering caseload. According to data presented by Supreme Court Justice Emmanuel Yonny Kulendi at a recent University of Ghana School of Law lecture, the courts are sitting on close to 29,500 pending cases . The High Court carries the heaviest load, with 24,543 pending matters — more than 83 per cent of everything before the superior courts . The Court of Appeal has 4,501 pending cases, while the Supreme Court carries 454 .

Justice Kulendi noted that between October 2025 and March 2026, the courts received 4,347 new filings and concluded 4,305, with the High Court receiving 2,854 new cases and concluding 2,860 — a sign that improvements in case management and technology are beginning to have some effect . However, campaigners argue that the annual court closure undermines these gains.

“Judges don’t have to travel abroad by sea for long periods. Apart from that, the backlog of cases is too much in this country. There are so many cases that have all now been adjourned to November because of the legal vacation,” Mr Azeem stated .

Colonial Relic, Modern Costs

Legal scholar Prof. Stephen Kwaku Asare, widely known as Kwaku Azar, has similarly described the long vacation as “a colonial inheritance” that has outlived its purpose . He argued that the circumstances that originally justified the practice have long since disappeared, given that Ghana’s judiciary is now staffed by Ghanaian judges operating under vastly different conditions .

“The colonial courts also operated under a comparatively small and less complex caseload. There were fewer judges, fewer lawyers, fewer litigants, and a far narrower range of disputes than confront the courts today,” Prof. Asare wrote in a Facebook post . “Neither of those conditions exists any longer. We now have Ghanaian judges, and there is no compelling reason for them to vacation in England.”

Prof. Asare has also argued that the legal vacation is unconstitutional on several grounds, including usurping Parliament’s exclusive power to declare public holidays under Article 93(2), restricting citizens’ access to justice under Article 14, and violating the right to a speedy trial under Article 19(1) .

Staggered Leave Proposal

Mr Azeem proposed that judges should instead take their annual leave on a rotational basis, similar to other public sector workers, to ensure that courts continue functioning throughout the year.

“Judges are public officers; they can take their normal leave. Even if it’s a two-month leave, whatever you want to give them, but it should not all come at the same time, so that while some are on leave, others will be at work, and the whole judiciary work doesn’t come to a standstill,” he stated .

He maintained that the impact of the long judicial vacation extends beyond judges and litigants, affecting lawyers and other stakeholders involved in the justice delivery system . Lawyers, he noted, are forced into an involuntary recess that limits their ability to work and earn a livelihood .

Recent Controversy

The debate over judicial vacations has intensified following a recent decision by the Chief Justice to allow certain criminal trials to proceed during the vacation period. Lawyers for Hanan Abdul-Wahab and Kwabena Adu-Boahene have petitioned Chief Justice Paul Baffoe-Bonnie to reverse a ruling permitting their clients’ cases to be heard during the recess . The defence lawyers argue that vacation courts have historically been reserved for hearing motions and interlocutory matters, not full criminal trials, and that requiring counsel to appear during the recess disrupts planned engagements .

Chief Justice’s Position

However, the judiciary has defended the practice. Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo previously rejected calls for the cancellation of the legal vacation, explaining that the break was important for judges and judicial staff to rest and re-invigorate . She likened the legal vacation to school holidays, which are necessary for students to rest their bodies and minds . The Chief Justice also noted that under Order 79 Rule 4 of C.I. 47, she has powers to designate a court to sit despite the provisions requiring the observation of vacations .

The 68th Legal Year, which commenced on October 6, 2025, officially ended on July 31, 2026, giving way to the two-month long vacation .

‘Justice Is Not Seasonal’

Prof. Asare has called for urgent evaluation and reform of the practice, arguing that “justice is not seasonal” . He noted that even the ongoing trial of Adu Boahene & Others has been paused simply because the superior courts are on vacation, and that cases connected to the government’s Operation Recover All Loot initiative have stalled .

“A system that was designed for the colonial comfort of a few has now become a burden for the many,” Prof. Asare wrote .

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