Citizen goes to Supreme Court over vacant Council of State seat

A Ghanaian citizen, Samuel Bryan Buabeng, has filed a writ at the Supreme Court challenging the continued operation of the Council of State following the resignation of retired Chief Justice Sophia Akuffo. His lawyer, Jonathan Asare Owusu, said President John Dramani Mahama's failure to appoint a replacement nearly a year after her resignation amounts to a breach of Article 89 of the 1992 Constitution. 'It is our humble view that the refusal of the President, or the failure of the President, for literally a year, refusing to appoint in her stead after her resignation, amounts to a constitutional violation'. In an interview with Citi News on Tuesday, September 8, 2026, Mr Asare Owusu argued that the vacancy means the Council of State is not properly constituted and, by their interpretation of the Constitution, cannot legally exist in its current form. He also rejected suggestions that more time may be needed to fill the position. 'Nearly a year is too long a time. In all humility, even a month is enough time,' he said. According to him, the requirement for a former Chief Justice on the Council is intended to ensure the President benefits from the experience of someone who has occupied the country's highest judicial office. Mr Buabeng is asking the Supreme Court to order the President to undertake the required consultations with Parliament within two weeks and, following the consultations, appoint a former Chief Justice to the Council within 48 hours. The plaintiff also wants the court to declare that the current vacancy renders the Council of State improperly constituted under Article 89.