Mahama dragged to Supreme Court over Council of State vacancy

A former staffer at the Jubilee House, Samuel Bryan Buabeng, has invoked the jurisdiction of the Supreme Court over the failure to fill a vacant position on the Council of State created by the resignation of former Chief Justice Sophia Akuffo.

Mr Buabeng filed the writ on September 7, 2026, contending that the prolonged vacancy has constitutional implications for the composition of the Council of State.

Justice Sophia Akuffo, who served as Chief Justice between 2017 and 2020, resigned from the Council of State in September 2025.

In his case, Mr Buabeng is asking the Supreme Court to determine whether President John Dramani Mahama’s alleged failure or refusal to appoint a former Chief Justice to replace Justice Akuffo amounts to a violation of the 1992 Constitution.

He is relying on Articles 89(1) and 89(2)(a)(i) of the Constitution and wants the court to determine whether the President has a constitutional duty to fill the specific vacancy resulting from Justice Akuffo’s resignation.

Mr Buabeng argues in his writ that the President “acted and continues to act unconstitutionally” by failing to appoint a former Chief Justice to occupy the vacant position.

He is consequently seeking an order compelling President Mahama to commence the process of filling the position on the Council of State.

Under the reliefs being sought, Mr Buabeng wants the President directed to consult Parliament within 14 days in accordance with Article 89(2)(a)(i) of the Constitution.

He further wants the court to order the President to appoint a former Chief Justice to the Council of State within 48 hours after the parliamentary consultation.

The case places before the Supreme Court the question of whether the President has a constitutional obligation to fill the vacancy created by Justice Akuffo’s resignation and whether the delay in making the appointment constitutes an unconstitutional omission.