A Ghanaian citizen named Samuel Bryan Buabeng has submitted a legal petition at the Supreme Court, challenging President John Dramani Mahama’s decision not to appoint a former Chief Justice to replace retired Justice Sophia Akuffo on the Council of State.
The petition, filed on September 7, 2026, seeks the Supreme Court’s original jurisdiction and claims that the ongoing vacancy on the Council of State raises concerns regarding the constitutional structure of the body.
Justice Sophia Akuffo resigned from the Council of State in September 2025.
Buabeng is requesting the Supreme Court to rule that the president’s alleged failure or refusal to appoint a former Chief Justice to fill the vacant position resulting from Justice Akuffo’s resignation constitutes a breach of the 1992 Constitution.
The plaintiff, through his lawyer, Jonathan Asare is relying on Articles 89(1) and 89(2)(a)(i) of the Constitution.
He is seeking a declaration that “upon a true and proper interpretation of Articles 89(1) and (2)(a)(i) of the 1992 Constitution of the Republic of Ghana, the President of the Republic of Ghana acted and continues to act unconstitutionally by refusal or failure to appoint a former Chief Justice to replace Chief Justice (Retired) Sophia Akuffo who resigned as a member of the Council of State in September 2025.”
Buabeng is also asking the Supreme Court to direct the President to begin the process of filling the vacancy.
Specifically, he wants the court to order President Mahama, pursuant to Article 89(2)(a)(i), to consult Parliament within 14 days and appoint a former Chief Justice to the Council of State within 48 hours after the consultation.
The plaintiff contends that the failure to fill the position since Justice Akuffo’s resignation has constitutional implications for the proper constitution of the Council of State.
Government reacts to Sophia Akuffo’s resignation from Council of State
The case therefore puts before the Supreme Court the question of whether the president is constitutionally obliged to fill the specific vacancy created by the resignation of a former Chief Justice, and whether the delay in doing so constitutes an unconstitutional omission.
Sophia Akuffo, who led the Judiciary from 2017 to 2020, resigned from the Council of State in September 2025.
