Citizen sues over vacant former Chief Justice seat on Council of State
By DL News
Published
2 min read
According to him, the constitutional requirement for a former Chief Justice to serve on the Council is not merely ceremonial.
A Ghanaian citizen has asked the Supreme Court to intervene in what he describes as an unconstitutional vacancy on the Council of State.
Samuel Bryan Buabeng says the Council cannot continue to be treated as properly constituted while the seat reserved for a former Chief Justice remains vacant.
The action follows the resignation of retired Chief Justice Sophia Akuffo from the Council.
Through his lawyer, Jonathan Asare Owusu, Mr Buabeng argues that President John Dramani Mahama has failed to appoint a replacement nearly one year after the resignation.
He contends that the failure breaches Article 89 of the 1992 Constitution.
“It is our humble view that the refusal of the President, or the failure of the President, for literally a year, refusing to appoint in her stead after her resignation, amounts to a constitutional violation,” Mr Asare Owusu said.
Speaking to Citi News on Tuesday, September 8, 2026, counsel said the vacancy affects the legal composition of the Council of State.
According to him, the constitutional requirement for a former Chief Justice to serve on the Council is not merely ceremonial.
He said it is intended to ensure that the President receives advice from someone with experience at the highest level of the Judiciary.
Mr Asare Owusu also rejected any suggestion that the President needed more time to fill the vacancy.
“Nearly a year is too long a time. In all humility, even a month is enough time,” he said.
Mr Buabeng is asking the Supreme Court to declare that the continued vacancy renders the Council of State improperly constituted under Article 89.
He is also seeking an order compelling the President to begin the necessary consultations with Parliament within two weeks.
After those consultations, the plaintiff wants the court to direct the President to appoint a former Chief Justice to the Council within 48 hours.
The suit raises questions about whether the Council of State can validly operate where one of the constitutionally listed membership positions remains unfilled for an extended period.
