Former Jubilee House staffer Samuel Bryan Buabeng has filed a case at the Supreme Court of Ghana against President John Dramani Mahama over the continued vacancy on the Council of State created by the resignation of former Chief Justice Sophia Akuffo.
Buabeng filed the writ on September 7, 2026, arguing that the failure to fill the position has constitutional implications for the composition of the Council of State.
Sophia Akuffo, who served as Ghana’s Chief Justice from 2017 to 2020, resigned from the Council of State in September 2025.
Buabeng Challenges Council of State Vacancy
In his legal action, Buabeng is asking the Supreme Court to determine whether President Mahama’s alleged failure or refusal to appoint a former Chief Justice to replace Akuffo is inconsistent with the 1992 Constitution of Ghana.
He is relying on Articles 89(1) and 89(2)(a)(i) of the Constitution and wants the court to establish whether the President has a constitutional obligation to fill the specific vacancy created by Akuffo’s resignation.
Buabeng argues in his writ that the President has “acted and continues to act unconstitutionally” by failing to appoint a former Chief Justice to the Council of State.
Plaintiff Seeks Court Order Against President Mahama
The former Jubilee House staffer is also seeking an order directing President Mahama to commence the process of filling the vacant position.
Specifically, Buabeng wants the President to be directed to consult Parliament within 14 days, in accordance with Article 89(2)(a)(i) of the 1992 Constitution.
He is further asking the Supreme Court to order the President to appoint a former Chief Justice to the Council of State within 48 hours after the consultation with Parliament.
Supreme Court to Determine Constitutional Obligation
The case places before Ghana’s highest court an important constitutional question concerning the appointment of Council of State members and the President’s responsibilities when a designated position becomes vacant.
The Supreme Court will have to determine whether the President is constitutionally required to fill the position previously occupied by Sophia Akuffo and whether the period since her resignation constitutes an unconstitutional omission.
The case could therefore have implications for the interpretation of the 1992 Constitution, the functioning of the Council of State and the President’s constitutional powers and obligations.
Source: newsthemegh.com