Samuel Bryan Buabeng, a Ghanaian citizen, has filed a writ suing President John Mahama at the Supreme Court over his failure to appoint a former Chief Justice to replace retired Justice Sophia Akuffo, who resigned from her role as a member of the Council of State.
According to reports, the writ, filed on September 7, 2026, invokes the original jurisdiction of the Supreme Court.
The writ argued that the continued vacancy raises questions about the constitutional composition of the Council of State.
He is asking the Supreme Court to declare that Mahama’s failure to appoint a former Chief Justice to fill the vacancy is a violation of the 1992 Constitution.
The plaintiff is relying on Articles 89(1) and 89(2)(a)(i) of the Constitution seeking a declaration that “upon a true and proper interpretation of Articles 89(1) and (2)(a)(i) of the 1992 Constitution of the Republic of Ghana, the President of the Republic of Ghana acted and continues to act unconstitutionally by refusal or failure to appoint a former Chief Justice to replace Chief Justice (Retired) Sophia Akuffo who resigned as a member of the Council of State in September 2025.”
Buabeng, through his lawyer Jonathan Asare, is also asking the Supreme Court to direct the President to begin the process of filling the vacancy to consult Parliament within 14 days and appoint a former Chief Justice to the Council of State within 48 hours after the consultation.
It will be recalled that former Chief Justice Sophia Akuffo resigned from her role as a member of Ghana’s Council of State.
According to reports, Sophia Akuffo stopped attending Council meetings following the decision relating to the removal process involving former Chief Justice Gertrude Torkornoo.
Reports suggest she later submitted her resignation towards the end of 2025.
Also, Felix Kwakye Ofosu, the Minister of State in charge of Government Communications, has announced that President John Mahama has accepted Former Chief Justice Sophia Akuffo’s resignation from the Council of State.
According to Felix Kwakye Ofosu, Sophia Akuffo has officially ceased to be a member of the Council of State.
Addressing journalists on Monday, June 15, Felix Kwakye Ofosu confirmed that the resignation process had been concluded and that steps were underway to appoint a replacement.
He revealed that Sophia Akuffo did not provide reasons for her decision to resign.
Felix Kwakye Ofosu, addressing the media, stated, “I can confirm that indeed, Justice Sophia A.B. Akuffo has resigned from her position as a member of the Council of State. She submitted a letter in September 2025 to the President indicating her desire to resign. She did not disclose the reason for wanting to resign”.
“When the President received the letter, he was required then to indicate his acceptance of her resignation. But at the behest of the Council of State, he had to hold on because they said they wanted to engage Justice Sophia Akuffo to see if there was some grievance that she had that was informing the resignation and whether or not there was a way that it could be addressed,” he explained.
“But they went back and said that they had engaged and, as far as they were concerned, the resignation could be accepted. So, the President has formally accepted her resignation, and she is no longer a member of the Council of State,” he added.
He further disclosed, “The law is clear on what processes to undertake to replace her, and that is going on as we speak. So, in due course, a replacement will be announced for Justice Sophia Akuffo,” he said.
@ghnow_ Ghana Police retrieve weapons and fake number plates from 32 robbery suspects #GHNow #fyp ♬ Otan by Sarkodie – ︎ ︎ ︎
@ghnow_ Weapons and fake number plates seized from 32 suspected armed robbers #GHNow #fyp ♬ Ghana Anthem (God Bless Our Homeland Ghana) – National Anthems Orchestra
