A former presidential staffer, Samuel Bryan Buabeng, has dragged the Attorney-General to the Supreme Court over the legal status and composition of the Council of State following the resignation of retired Chief Justice Sophia Akuffo.
The writ, filed on September 7, 2026, seeks to invoke the apex court’s original jurisdiction under Articles 2(1) and 130(1) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996 (C.I. 16).
In the suit numbered J1/32/2026, the plaintiff is seeking a declaration that upon a true and proper interpretation of Articles 89(1) and (2) of the 1992 Constitution, the Council of State is not properly constituted during the vacancy of any person listed under Article 89(2)(a), (b), and (c).
He wants the court to declare that upon a true and proper interpretation of Articles 89(1) and (2) of the Constitution, the Council of State is at all material times not constituted after the resignation, incapacitation, or removal from office of any member listed under Article 89(2)(a), (b), and (c).
The plaintiff further prays the Supreme Court for a declaration that under Articles 89(1) and (2)(a)(i) of the Constitution, the advisory body is at all material times not constituted following the resignation, incapacitation, or removal from office of a former Chief Justice of the Republic.
Additionally, the writ demands a declaration that the Council of State was at all material times improperly constituted following the resignation of retired Chief Justice Sophia Akuffo from the body in September 2025.
Mr Buabeng is asking for a constitutional declaration that the President must appoint another former Chief Justice immediately a former Chief Justice serving on the Council of State resigns, becomes incapacitated, or is removed from office.
He is also seeking a declaration that the President acted and continues to act unconstitutionally by refusing or failing to appoint a replacement former Chief Justice following the September 2025 resignation of retired Chief Justice Sophia Akuffo.
Consequently, the plaintiff wants an order compelling the President to consult with Parliament within 14 days and to appoint a former Chief Justice to the Council of State within 48 hours after that consultation.
The suit concludes with a prayer for any further orders the apex court may deem fit.
The Attorney-General, representing the state at The Law House in Accra, has been commanded to file the Defendant’s Statement of Case within 14 days of being served with the suit.
By: Rainbowradioonline.com/Ghana
