Mr. Samuel Bryan Buabeng through his lawyers led by the learned Jonathan Asare has filed arguments to support his reliefs seeking orders from the Supreme Court directed at the President for the immediate consultation with parliament and appointment of a former Chief Justice unto the Council of State.

Per the arguments of Mr. Buabeng filed on the 22nd day of September, 2026, he argues through his lawyers that the absence of a former Chief Justice (CJ) as required under the 1992 Constitution on the Council of State amounts to the non-constitution and non-existence of the Council.

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He argues, relying on evidence supplied to the Supreme Court of the one-year resignation of the former Chief Justice of the Republic, H/L Justice Sophia Akuffo (Rtd) from the Council of State, that the failure of the appointment of her replacement is a breach of the constitution as the Constitution requires a former CJ at all material times to be a member of the Council of State.

Relying on the Report of the Committee of Experts on the Proposals for a draft constitution, the Plaintiff demonstrates the necessity for a former CJ to be part of the Council of State, the effect of the absence of a former CJ on the advice emanating from the Council of State to the president and the unconstitutionality of the failure of the President to fill the void created by the resignation of Justice Sophia Akuffo (Rtd).

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