Private citizen sues Mahama over failure to replace Sophia Akuffo on Council of State

Private individual Samuel Bryan Buabeng has initiated a legal action at the Supreme Court against President John Dramani Mahama, demanding the appointment of a former Chief Justice to the Council of State. The lawsuit, contesting the Attorney-General, invokes the Supreme Court’s original jurisdiction under specific constitutional articles and rules.

It raises concerns about the Council's composition and Mahama's obligation to fill vacancies in positions reserved for former Chief Justices. The focal point of the case is the resignation of Chief Justice Sophia Akuffo, who held an ex-officio position on the Council under constitutional provisions.

Buabeng contends that her departure has left the Council without representation in the reserved position for former Chief Justices, and asserts that the Constitution obligates the President to appoint a replacement. According to the suit, Mahama is required under relevant constitutional articles to appoint another former Chief Justice in cases of resignation, incapacitation, or removal of the sitting appointee.

The petitioner is requesting the Supreme Court to declare any non-compliance by the President with this requirement as unconstitutional and to order him to consult Parliament within a specified timeframe before making the appointment.

The case also delves into the circumstances surrounding Akuffo's resignation, which reportedly followed her stopping attendance at Council meetings. Her resignation occurred after she testified in proceedings that led to the removal of then-Chief Justice Gertrude Torkornoo, whose removal was signed by Mahama. Some critics have questioned the consistency of Akuffo's role in those proceedings with the Council's confidentiality requirements, though neither Akuffo nor the Presidency has publicly commented on the circumstances of her resignation.

Buabeng's action further seeks the Supreme Court's determination on whether the Council can remain constitutionally constituted with a vacant ex-officio position and whether the representation of former Chief Justices creates an enforceable obligation on the President to fill the position. The matter is now under the Supreme Court’s consideration.