Mahama Sued Over Failure to Appoint Former Chief Justice to Council of State

• A private citizen has filed a suit at the Supreme Court challenging the constitutional composition of the Council of State
• The case centres on the vacancy left by retired Chief Justice Sophia Akuffo, who resigned from her ex-officio position on the Council
• Buabeng is asking the court to declare any failure to fill the vacancy unconstitutional and order the President to act

A Ghanaian citizen has taken President John Dramani Mahama to the Supreme Court over the composition of the Council of State, arguing that the failure to fill a vacancy left by a former Chief Justice is unconstitutional.

Samuel Bryan Buabeng filed the suit against the Attorney-General, invoking the court's original jurisdiction under Articles 2(1) and 130(1) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996 (C.I. 16).

The action raises fundamental questions about whether the President bears a legal obligation to fill constitutionally designated seats on the Council of State when they fall vacant.

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The central issue is the resignation of retired Chief Justice Sophia Akuffo, who held an ex-officio seat on the Council of State under Article 89(2) of the Constitution.

Buabeng contends that her departure has left the Council without representation in a position specifically reserved for a former Chief Justice, and that the Constitution does not permit the presidency to leave such a seat unfilled.

His suit argues that Articles 89(1) and 89(2)(a)(i) impose a duty on the President to appoint a replacement when a sitting appointee resigns, becomes incapacitated, or is removed from office.

He is therefore asking the Supreme Court to declare any presidential inaction unconstitutional and to order Mahama to consult Parliament within 14 days before completing the appointment within a further 48 hours.

The suit also asks the court to determine whether the Council of State can remain constitutionally valid while a specifically designated ex-officio seat sits empty, and whether the constitutional provision for former Chief Justice representation creates an enforceable obligation rather than a discretionary one.

Article 89(1) of the 1992 Constitution of Ghana makes provision for the creation of a Council of State and mandates the President to appoint certain categories of people, including a former Chief Justice, to the Council of State.

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Specifically, Article 89(1)(a) makes it compulsory for one of the persons on the Council to be someone who has "previously held the office of the Chief Justice."

There are currently three living former chief justices aside from Akuffo: Georgina Theodora Wood, Kwasi Anin-Yeboah and Gertrude Torkonoo.

Wood was the 12th Chief Justice and the first woman to hold the position, while Anin-Yeboah was the 14th Chief Justice of the Republic.

Background to Sophia Akuffo's Resignation

Akuffo's resignation followed a period during which she had reportedly stopped attending Council of State meetings.

Her departure came in the wake of her participation as a witness in proceedings that led to the removal of then-Chief Justice Gertrude Torkornoo. President Mahama signed the removal warrant on 1 September 2025.

Following her role in those proceedings, some critics raised questions about whether her conduct was consistent with the confidentiality ver governing the Council of State.

Neither Akuffo nor the Presidency has publicly addressed the circumstances surrounding her resignation.

Source: YEN.com.gh