Jonathan Owusu Asare, legal counsel for Samuel Bryan Buabeng, has asserted that President John Dramani Mahama lacks any justifiable grounds for failing to appoint a replacement for retired Chief Justice Sophia Akuffo on the Council of State.
According to the legal practitioner, the President’s inaction constitutes a direct violation of the 1992 Constitution. This breach prompted his client to initiate proceedings at the Supreme Court to seek an order compelling the President to appoint a retired Chief Justice to fill the vacancy, which has remained open for a year following Justice Akuffo’s resignation.
Speaking to Kwabena Agyapong on Frontline on Rainbow Radio 87.5FM, Owusu Asare highlighted the illegality of the prolonged vacancy and questioned the President’s failure to act.
“Madam Sophia Akuffo resigned from the Council a year ago, and it was proper for the President to appoint a new person, but he has not. It demonstrates that he has intentionally refused to do so. It would have been sound if there was no retired Chief Justice alive. But we have some retired Chief Justices alive. Justice (rtd) Georgina Theodora Wood and Justice (rtd) Kwasi Anin-Yeboah are all alive. Justice Gertrude Esaaba Torkornoo may not be considered due to her current issues. But we have people alive who can be appointed to replace Sophia Akuffo,” he stated.
“That is why we have gone to the Supreme Court, seeking and praying that the President will be compelled to appoint someone. From what has happened, there is no properly constituted Council of State. They can work in accordance with the law if only there is no retired Chief Justice alive, but when we have some alive, then the President is required by law to appoint someone,” he added.
Owusu Asare argued that the framers of the Constitution had clear intent when establishing guidelines for the composition of the Council of State.
He stressed that when these provisions are breached, the Supreme Court remains the appropriate forum for redress, maintaining that the availability of retired justices leaves the President with no reasonable justification for the delay.
The lawsuit names the Attorney-General as the defendant in the action challenging the current legal status and composition of the advisory body.
Filed on September 7, 2026, the writ invokes the apex court’s original jurisdiction under Articles 2(1) and 130(1) of the 1992 Constitution, alongside Rule 45 of the Supreme Court Rules, 1996 (C.I. 16).
In suit number J1/32/2026, the plaintiff seeks a declaration that, under a true and proper interpretation of Articles 89(1) and 89(2) of the 1992 Constitution, the Council of State cannot be deemed properly constituted during a vacancy affecting any office specified under Article 89(2)(a), (b), or (c).
The suit further asks the court to declare that the advisory body is improperly constituted following the resignation, incapacitation, or removal from office of any member under those provisions, specifically emphasizing the mandatory requirement for representation by a former Chief Justice of the Republic.
By: Rainbowradioonline.com/Ghana