A Ghanaian citizen named Samuel Bryan Buabeng has taken the matter to the Supreme Court, contesting the ongoing functioning of the Council of State after the resignation of former Chief Justice Sophia Akuffo.
His counsel, Jonathan Asare Owusu, contends that President John Dramani Mahama’s failure to name a successor almost a year after the resignation constitutes a violation 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,” he stated.
Speaking to Citi News on Tuesday, 8 September 2026, Mr Asare Owusu maintained that the empty seat leaves the Council of State improperly constituted and, under their reading of the Constitution, legally unable to operate in its present state.
He dismissed arguments that additional time might be required to fill the role, insisting that nearly twelve months is excessive. “Nearly a year is too long a time. In all humility, even a month is enough time,” he said.
Mr Asare Owusu explained that the constitutional provision for a former Chief Justice on the Council is designed to ensure the President receives the benefit of counsel from someone who has held the nation’s highest judicial office.
Mr Buabeng is seeking an order directing the President to complete the necessary consultations with Parliament within two weeks and, thereafter, to appoint a former Chief Justice to the Council within 48 hours.
He further asks the court to rule that the existing vacancy renders the Council of State improperly constituted in breach of Article 89.
