The Supreme Court has decisively dismissed the injunction application filed by Kojo Oppong Nkrumah seeking to bar High Courts from sitting during the legal vacation, effectively upholding the constitutional validity of vacation court operations. The apex court ruled that the judiciary cannot be placed in abeyance merely because the calendar has entered its annual recess.
Delivering the ruling, Justice Gabriel Pwamang held that vacation sittings are a well grounded judicial tradition designed to prevent denial of justice and ensure that urgent, liberty related and time sensitive matters receive expeditious attention. The court emphasized that restraining judges from sitting would create a dangerous vacuum and undermine access to justice.
The decision has been welcomed by sections of the legal fraternity who argued that the injunction, if granted, would have paralyzed critical adjudication and emboldened litigants to exploit procedural gaps. They contend that vacation courts remain indispensable to maintaining judicial momentum, particularly in cases involving bail, injunctions and fundamental human rights.
Justice Pwamang noted that the legal vacation does not extinguish the jurisdiction of the High Court but merely regulates its exercise. The bench maintained that the applicant failed to demonstrate any irreparable constitutional breach warranting such an extraordinary restraint.
With this dismissal, the pathway is now clear for High Courts across the country to continue their vacation sittings without encumbrance. The ruling reaffirms judicial independence and signals the Supreme Court’s unwillingness to entertain attempts to curtail its operational efficacy during recess periods.
Source: #SupremeCourt
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Author: Korkor Anumu
