Ghanaian President sued over Council of State vacancy

A private citizen, Samuel Bryan Buabeng, has filed a lawsuit in Ghana’s Supreme Court against President John Dramani Mahama, alleging the unconstitutional composition of the Council of State. The legal challenge centers on the vacancy left by former Chief Justice Sophia Akuffo, who resigned from her ex-officio position on the presidential advisory body in September 2025.

Buabeng argues that under Articles 89(1) and 89(2)(a)(i) of the 1992 Constitution, the President is legally obligated to appoint a replacement when a former Chief Justice serving on the Council resigns, becomes incapacitated, or is removed. The suit contends that the Council is not properly constituted while this specific seat remains unfilled.

The claimant is seeking a court order requiring the President to consult Parliament within 14 days and subsequently appoint a new former Chief Justice to the Council within 48 hours. Additionally, the case seeks a judicial clarification on the constitutional status of the Council of State when such vacancies occur.