By Francis Kobena Tandoh
A Ghanaian citizen, Samuel Bryan Buabeng, has sued President John Dramani Mahama at the Supreme Court over the failure to fill a vacant position on the Council of State.
The case concerns the seat previously occupied by retired Chief Justice Sophia Akuffo, who resigned from the Council in September 2025.
The private citizen argues that the continued vacancy is inconsistent with the 1992 Constitution of the Republic of Ghana.
Buabeng is asking the Supreme Court to among others declare that the President has a constitutional duty to appoint another former Chief Justice to the Council of State, declare the failure to fill the vacancy unconstitutional, order President Mahama to consult Parliament within 14 days and finally direct the President to appoint a former Chief Justice to the Council within 48 hours after the consultation.
The suit invokes Articles 2(1), 89(1), 89(2)(a)(i) and 130(1) of the 1992 Constitution, as well as Rule 45 of the Supreme Court Rules, 1996 (C.I. 16).
The case will therefore require the Supreme Court to determine whether the President is constitutionally obliged to fill a specifically designated Council of State position when it becomes vacant, and whether the Council can remain properly constituted while that position remains unfilled. Enditem
Source: Ghana Eye Report
