Ghanaian citizen petitions Supreme Court to compel President Mahama to fill Council of State vacancy

A legal challenge has been filed with Ghana’s Supreme Court seeking to compel President John Dramani Mahama to fill a vacant seat on the Council of State. The suit, brought by citizen Samuel Bryan Buabeng, argues that the position reserved for a former Chief Justice has remained empty since the resignation of Sophia Akuffo in September 2025.

Lawyers for the plaintiff contend that the year-long vacancy violates the 1992 Constitution, which requires a former Chief Justice to serve on the advisory body to ensure senior judicial expertise is available to the President. The legal team argues that the vacancy may call into question the validity of the Council’s advice to the President during this period.

The application requests that the Supreme Court direct the President to initiate consultations with Parliament within 14 days and complete the appointment within 48 hours following those consultations. The case aims to clarify the constitutional obligations of the President regarding vacancies in the Council’s prescribed composition.