Omanghana
Legal scholar and anti-corruption advocate Prof. Kwaku Asare, widely known as Kwaku Azar, has renewed his criticism of Ghana’s annual legal vacation, arguing that the two-month break disrupts court proceedings and delays important anti-corruption and public asset-recovery cases.
Under the current judicial calendar, regular court hearings are largely suspended between August 1 and September 30, although designated vacation courts continue to handle urgent matters.
Writing under the title “ORAL Takes a Long Vacation!”, Prof. Asare questioned why operations intended to recover allegedly looted state assets, commonly referred to as ORAL, and other essential judicial services should slow down because of what he described as an outdated institutional practice.
He traced the legal vacation to Ghana’s colonial past, explaining that British judges previously needed an extended break to travel by ship to England during the summer, escape the tropical climate and spend time with their families.
According to him, the circumstances that justified the arrangement in the 19th century no longer exist because Ghana now has local judges, modern transportation and improved working conditions.
Prof. Asare clarified that he is not opposed to judges taking annual leave. His objection, he explained, is to the simultaneous slowdown of the entire court system rather than a staggered arrangement that would allow judicial officers to rest while court services continue.
“The administration of justice is an essential public service. It is no less essential than healthcare, policing, or emergency medical services,” he stated.
“We do not close hospitals because doctors deserve annual leave. These institutions ensure continuity by staggering leave while maintaining uninterrupted service. The courts should do the same.”
He proposed a rotational leave system under which judges would take their annual breaks at different times, ensuring that courts remain operational throughout the year.
Using the Supreme Court as an example, Prof. Asare noted that with approximately 19 justices and cases generally heard by panels of five, leave could be arranged without completely interrupting the court’s regular work. He argued that a similar system could be introduced across other superior courts.
The legal scholar warned that prolonged judicial breaks have significant consequences for accused persons, victims, businesses and families awaiting the resolution of disputes.
He noted that criminal trials, probate matters, commercial contract cases and government efforts to recover public assets can all be delayed during the vacation period.
Prof. Asare maintained that justice in modern Ghana should be treated as a continuous public service rather than a seasonal operation. He therefore called for the institutional legal vacation to be abolished while preserving the right of individual judges and court employees to take annual leave through a properly coordinated rotational system.
Source: Omanghana
