Samuel Bryan Buabeng petitions Supreme Court over Council of State vacancy

Lawyers representing Samuel Bryan Buabeng, a Ghanaian citizen, have filed a petition at the Supreme Court seeking to compel President John Mahama to appoint a former chief justice to the Council of State. The legal action aims to address a vacancy on the council that has reportedly persisted for over a year. The petitioner is requesting that the court mandate the president to make the required appointment within a strict 48-hour window following the court's decision. This move underscores a growing demand for adherence to constitutional timelines regarding executive appointments to key advisory bodies.

The legal arguments, which were officially filed on September 22, 2026, contend that the continued vacancy undermines the constitutional composition and effective functioning of the Council of State. Under the provisions of the 1992 Constitution, the council is designed to include specific representatives, such as a former chief justice, to provide expert counsel and institutional memory to the president. The petitioner argues that the executive's failure to fill this role in a timely manner constitutes a breach of constitutional duty, necessitating judicial intervention to ensure the advisory body is fully and legally constituted as mandated by law.

This case highlights significant legal questions regarding the timeline for executive appointments and the role of the judiciary in overseeing constitutional mandates. The Council of State plays a critical role in advising the president on national policy and the appointment of various public officials, making its full composition essential for governance. If the Supreme Court rules in favor of the petitioner, it could establish a major legal precedent concerning the timeframe within which the president must fill mandatory vacancies on state councils. The legal community is closely monitoring the case to see how the court balances executive discretion with constitutional requirements.