Lawyers seek 48-hour order for Mahama to appoint ex-CJ to Council of State

Lawyers representing, Samuel Bryan Buabeng, a Ghanaian citizen challenging the year-long vacancy on the Council of State has asked the Supreme Court to order President John Dramani Mahama to appoint a former Chief Justice to the advisory body within 48 hours.

According to a report by the Law Platform on October 10, 2026, the lawyers led by Jonathan Asare, filed arguments on September 22, 2026, in support of the application for the order.

President Mahama sued over Sophia Akuffo's Council of State seat

The case follows the resignation of former Chief Justice Sophia Akuffo from the Council of State, with Buabeng arguing that the failure to appoint her replacement breaches the 1992 Constitution.

He contends that the Constitution requires a former Chief Justice to be a member of the Council of State and that the prolonged vacancy raises questions about the body’s constitutional composition and the advice it provides to the President.

In his arguments, the plaintiff relies on the Report of the Committee of Experts on the Proposals for a Draft Constitution to explain the rationale for including a former Chief Justice on the Council.

He also argues that the absence of a former Chief Justice has implications for the advice the Council provides to the President and makes it necessary for the vacancy to be filled.

Buabeng is therefore seeking an order directing President Mahama to consult Parliament and appoint a former Chief Justice to the Council of State within 48 hours.

It would be recalled that the former Chief Justice, Sophia Akuffo, resigned as a Council of State member in September 2025.

JKB/VPO

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