A Ghanaian citizen, Samuel Bryan Buabeng, has invoked the original jurisdiction of the Supreme Court, seeking an order compelling President John Dramani Mahama to appoint a former Chief Justice to the Council of State following the resignation of retired Chief Justice Sophia Akuffo.
The action, filed against the Attorney-General on behalf of the President, raises constitutional questions concerning the composition of the Council of State and the President’s obligation to fill vacancies in positions specifically provided for under Article 89 of the 1992 Constitution.
According to the writ, Mr Buabeng contends that the Council of State is not properly constituted following the resignation of a member whose membership falls within the categories specified under Article 89(2)(a), (b) and (c) of the Constitution.
The plaintiff specifically identifies former Chief Justice Sophia Akuffo as the member who resigned from the Council of State in September 2025 and argues that her departure has created a constitutional vacancy that must be filled.
Seeks declaration on former Chief Justice’s position
Among the reliefs being sought, Mr Buabeng wants the Supreme Court to declare that, under Articles 89(1) and 89(2)(a)(i) of the Constitution, the President is required to appoint another former Chief Justice where a former Chief Justice serving on the Council of State resigns, becomes incapacitated or is removed.
He is further asking the Court to declare that the alleged failure or refusal by the President to make such an appointment is inconsistent with the Constitution.
The plaintiff is also seeking an order directing the President to consult Parliament within 14 days and, following the consultation, appoint within 48 hours a former Chief Justice of Ghana to the Council of State.
Constitutional interpretation at centre of suit
At the centre of the suit is the interpretation of Article 89 of the 1992 Constitution, which establishes the Council of State and prescribes its composition.
Mr Buabeng wants the Supreme Court to determine whether the Council can remain constitutionally constituted when a person occupying one of the specifically designated positions under Article 89(2)(a), (b) or (c) vacates that position.
The suit also raises the question of whether the constitutional requirement for the representation of a former Chief Justice on the Council imposes a duty on the President to fill the position once it becomes vacant.
Mr Buabeng has brought the action in his capacity as a citizen of Ghana and is invoking the original jurisdiction of the Supreme Court under Articles 2(1) and 130(1) of the 1992 Constitution, together with Rule 45 of the Supreme Court Rules, 1996 (C.I. 16).
The case now places before the apex court a constitutional question concerning the composition of the Council of State and the extent of the President’s obligation to fill vacancies in constitutionally prescribed positions.
