A private citizen, Samuel Bryan Buabeng, has filed a suit at the Supreme Court seeking an order compelling President John Dramani Mahama to appoint a former Chief Justice to the Council of State.

The suit, filed against the Attorney-General, invokes the Supreme Court’s original jurisdiction under Articles 2(1) and 130(1) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996 (C.I. 16).

It raises questions about the constitutional composition of the Council of State and whether the President has a duty to fill vacancies in positions specifically reserved for former Chief Justices.

At the centre of the case is the resignation of retired Chief Justice Sophia Akuffo, who occupied an ex-officio position on the Council of State under Article 89(2) of the Constitution.

Mr Buabeng argues that her departure has left the Council without representation in the position reserved for a former Chief Justice and that the Constitution requires the President to appoint a replacement.

According to the suit, the President is required under Articles 89(1) and 89(2)(a)(i) to appoint another former Chief Justice where the sitting appointee resigns, becomes incapacitated or is removed from office.

Mr Buabeng is therefore asking the Supreme Court to declare any failure by the President to fill the vacancy unconstitutional and order him to consult Parliament within 14 days before making the appointment within a further 48 hours.

The case also touches on the circumstances surrounding the resignation of Sophia Akuffo, who had reportedly stopped attending Council meetings before her departure.

Her resignation came after she served as a witness in proceedings that culminated in the removal of then-Chief Justice Gertrude Torkornoo, whose removal warrant President Mahama signed on September 1, 2025.

Some critics subsequently questioned whether her role in those proceedings was consistent with the Council’s confidentiality requirements, although neither Justice Akuffo nor the Presidency has publicly addressed the circumstances of her resignation.

Mr Buabeng’s action further asks the Supreme Court to determine whether the Council of State can remain constitutionally constituted when a specifically designated ex-officio position is vacant, and whether the constitutional provision for former Chief Justice representation creates an enforceable obligation on the President to fill the position.

The matter is now before the Supreme Court for determination.