A private citizen, Samuel Bryan Buabeng, has invoked the original jurisdiction of the Supreme Court to compel President John Dramani Mahama to appoint a former Chief Justice to the Council of State, arguing that the failure to fill the position created by the resignation of Justice Sophia Akuffo violates the 1992 Constitution.

Mr Buabeng, in a suit filed against the Attorney-General, is asking the apex court to determine whether the President has a constitutional duty to fill a vacancy in the position specifically reserved for a former Chief Justice on the Council of State.

The action invokes Articles 2(1) and 130(1) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996 (C.I. 16).

At the heart of the case is the constitutional composition of the Council of State and whether the body can remain properly constituted when an ex-officio position designated for a former Chief Justice is vacant.

Suit targets former Chief Justice vacancy

According to Mr Buabeng, Justice Sophia Akuffo’s resignation from the Council of State has created a vacancy that the President is constitutionally required to fill.

He contends that Articles 89(1) and 89(2)(a)(i) impose an obligation on the President to appoint another former Chief Justice where the person occupying the position resigns, becomes incapacitated or is removed from office.

The plaintiff is consequently asking the Supreme Court to declare any failure by President Mahama to fill the vacancy unconstitutional.

He is further seeking an order directing the President to consult Parliament within 14 days and, following the consultation, make the appointment within a further 48 hours.

The case therefore places before the Supreme Court a broader constitutional question: whether the provision for representation of a former Chief Justice on the Council of State is merely permissive or creates an enforceable obligation on the President to ensure that the position is continuously occupied.

Akuffo resignation leaves vacancy

Justice Sophia Akuffo, who served as Chief Justice from 2017 until her retirement in 2020, was appointed to the Council of State as part of the eminent persons selected to advise the President on governance, national development and other matters of state.

She subsequently resigned from the advisory body, bringing an end to her membership after months of consultations over her decision.

The Government announced in June 2026 that President Mahama had formally accepted her resignation and that the process of finding a replacement had begun.

Minister of State in charge of Government Communications, Felix Kwakye Ofosu, disclosed on June 15 that Justice Akuffo had submitted her resignation letter to the President in September 2025.

According to him, the former Chief Justice did not state the reasons for her decision.

He explained that although the President was required to acknowledge and accept the resignation, the process was delayed at the request of the Council of State, whose members wanted to engage Justice Akuffo before the resignation was formally accepted.

“When the President received the letter, he was required then to indicate his acceptance of her resignation. But at the behest of the Council of State, he had to hold on because they said they wanted to engage Justice Sophia Akuffo to see if there was some grievance that she had that was informing the resignation and whether or not there was a way that it could be addressed,” Mr Kwakye Ofosu explained.

He said the Council subsequently returned to the President and indicated that its engagements with Justice Akuffo had not changed her decision.

“But they went back and said that they had engaged and as far as they were concerned, the resignation could be accepted. So, the President has formally accepted her resignation, and she is no longer a member of the Council of State,” he added.

Mr Kwakye Ofosu said the Government had commenced the process required by law to appoint a replacement.

“The law is clear on what processes to undertake to replace her, and that is going on as we speak. So, in due course, a replacement will be announced for Justice Sophia Akuffo,” he said.

Resignation follows judicial crisis

The circumstances surrounding Justice Akuffo’s departure have attracted attention because of her role in proceedings connected to the removal of former Chief Justice Gertrude Torkornoo.

Justice Akuffo reportedly stopped attending meetings of the Council of State before eventually submitting her resignation in September 2025.

She had served as a witness in proceedings that culminated in the removal of Justice Torkornoo, whose removal warrant was signed by President Mahama on September 1, 2025.

Her involvement in the proceedings subsequently generated questions from some critics over whether her role was compatible with the confidentiality obligations associated with membership of the Council of State.

Neither Justice Akuffo nor the Presidency has publicly provided details explaining the circumstances that led to her resignation.

Her departure nevertheless followed a particularly turbulent period for the Council, during which she emerged as a dissenting voice in one of the country’s most consequential judicial disputes.

Sole abstention in Torkornoo vote

Justice Akuffo’s position became particularly notable in April 2025 when the Council of State considered whether a prima facie case had been established against then-Chief Justice Gertrude Torkornoo.

Of the 31 members of the Council, 30 voted in favour of the position that a prima facie case had been established. Justice Akuffo was the only member to abstain.

She did not publicly explain her decision at the time.

The development placed her in a unique position within the Council as the only member not to support the majority position in the vote, before her subsequent role as a witness in proceedings relating to the removal of Justice Torkornoo.

The eventual resignation has therefore added another dimension to the questions surrounding the Council’s membership and the constitutional requirements governing its composition.

Constitutional composition under scrutiny

Mr Buabeng’s lawsuit seeks to move the issue beyond the circumstances of Justice Akuffo’s departure and have the Supreme Court determine the constitutional implications of leaving the former Chief Justice position vacant.

The Council of State is a constitutionally established advisory body that assists the President in the discharge of his responsibilities by providing counsel on matters of governance, public policy and national development.

Its membership includes elected and appointed representatives drawn from various sections of the country, including persons occupying positions designated by the Constitution.

The plaintiff’s case hinges on whether the position assigned to a former Chief Justice is an essential component of the Council’s constitutional composition and, consequently, whether the President can lawfully leave that position vacant for an extended period.

The Supreme Court is also being asked to determine whether the constitutional provisions give the President discretion over whether to fill such a vacancy or impose a mandatory duty to make a replacement appointment.

President’s replacement process challenged

The Government has maintained that the process to replace Justice Akuffo is already underway.

However, the filing by Mr Buabeng suggests that the adequacy and constitutional timing of that process should be determined by the Supreme Court.

His request for a specific timetable — consultation with Parliament within 14 days and appointment within a further 48 hours — seeks to ensure that the vacancy is filled within a constitutionally enforceable period.

The suit also raises questions about whether a failure to fill a designated position could affect the constitutional validity of the Council’s continuing operations.

A ruling by the Supreme Court could therefore have implications beyond the current vacancy, potentially clarifying the extent of presidential obligations in maintaining the constitutionally prescribed composition of the Council of State.

Supreme Court to determine constitutional duty

The case is now before the Supreme Court for determination.

While the Government has indicated that a replacement for Justice Akuffo will be announced in due course, Mr Buabeng is asking the apex court to establish whether the President is under a mandatory constitutional obligation to make the appointment and, if so, prescribe the procedure and timeline for doing so.

The case consequently places the composition of the Council of State, presidential appointment powers and the constitutional status of vacancies in designated positions squarely before the Supreme Court.

At stake is not only the replacement of one former Chief Justice but also the broader question of whether constitutional positions within Ghana’s advisory institutions can remain vacant and, if so, for how long before such inaction becomes constitutionally impermissible.