Samuel Bryan Buabeng has filed a writ at the Supreme Court challenging the continued operation of the Council of State after the resignation of retired Chief Justice Sophia Akuffo. His lawyer, Jonathan Asare Owusu, argued that the President’s failure to appoint a replacement for almost a year violates Article 89 of the 1992 Constitution. Mr. Asare Owusu said the vacancy means the Council is not properly constituted and cannot legally exist in its current form. He rejected the notion that more time is needed, stating, “Nearly a year is too long a time. In all humility, even a month is enough time.”
Buabeng seeks a court order directing the President to undertake the required consultations with Parliament within two weeks and, following those consultations, appoint a former Chief Justice to the Council within 48 hours. He also wants the court to declare the current vacancy renders the Council improperly constituted under Article 89. The case highlights the constitutional requirement that a former Chief Justice sit on the Council to ensure presidential decisions benefit from judicial experience.
Should the Supreme Court rule in favor of the citizen, the President would be compelled to act swiftly, potentially reshaping the Council’s composition and restoring its constitutional legitimacy.
