President Mahama Supreme Court case over the Council of State vacancy.
Mahama Sued Over Sophia Akuffo’s Council of State Seat: 10 Key Facts About the Legal Challenge
President John Dramani Mahama is facing a fresh legal challenge at Ghana’s Supreme Court over the continued vacancy created by former Chief Justice Sophia Akuffo’s resignation from the Council of State. A private citizen, Samuel Bryan Buabeng, has filed a case asking the court to determine whether the President’s failure to fill the position is consistent with the 1992 Constitution. President Mahama Supreme Court case

1. Why President Mahama Is Facing the Supreme Court Case
President Mahama Supreme Court case, President John Dramani Mahama is facing a new legal challenge at Ghana’s Supreme Court over the vacant Council of State seat previously occupied by former Chief Justice Sophia Akuffo. The case was filed by private citizen Samuel Bryan Buabeng, who is asking the apex court to determine whether the continued failure to fill the position is consistent with Ghana’s 1992 Constitution. The writ was filed on September 7, 2026, according to the reported court action. President Mahama Supreme Court case
At the centre of the dispute is Article 89 of the 1992 Constitution, which establishes the Council of State. Article 89(2)(a)(i) specifically provides for one person who has previously held the office of Chief Justice among the members appointed by the President in consultation with Parliament.
Sophia Akuffo, a former Chief Justice, had served on the Council of State before her resignation. The legal challenge argues that her departure created a vacancy that should be addressed in accordance with the constitutional structure governing the Council.
The plaintiff’s case is therefore focused on constitutional law, presidential appointments and government accountability, rather than simply being a dispute over an individual position. According to the reported writ, Buabeng argues that leaving the position vacant for an extended period raises questions about whether the Council remains properly constituted.
The issue is significant because the Council of State is not an ordinary government body. Under Article 89(1), it exists to counsel the President in the performance of his functions. The Constitution also assigns the Council responsibilities concerning advice on certain appointments and other matters of national importance.
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The case also raises questions about the President’s constitutional powers and duties. The plaintiff is seeking declarations from the Supreme Court and directions concerning the replacement of Sophia Akuffo. However, the requested remedies represent the plaintiff’s position and should not be interpreted as a decision already made by the court.
The constitutional framework gives the Supreme Court an important role in resolving disputes over whether an act or omission is inconsistent with the Constitution. The Judicial Service explains that constitutional actions can seek a declaration from the Supreme Court where an act or omission is alleged to contravene the Constitution.
The Judicial Service of Ghana provides official information about Ghana’s courts and constitutional institutions. Readers can also consult the Supreme Court e-Judgement portal for access to Ghanaian case law and judgements. President Mahama Supreme Court case
As the case progresses, attention will focus on the arguments presented by the parties and how the Supreme Court interprets Article 89. The eventual ruling could provide guidance on how constitutional vacancies involving the Council of State should be handled in the future.
For now, the central question is straightforward: Does the failure to replace a former Chief Justice on the Council of State constitute a breach of Ghana’s Constitution? That is a matter for the Supreme Court to determine.
2. What Happened to Sophia Akuffo’s Council of State Seat?
The controversy surrounding President Mahama’s Supreme Court case began after former Chief Justice Sophia Akuffo resigned from Ghana’s Council of State. Her departure created a vacancy in a body established under Chapter Nine of the 1992 Constitution to advise the President on matters of national importance. The Council of State itself confirms that a former Chief Justice is one of the constitutionally specified members of the Council.
Sophia Akuffo had been appointed to the ninth Council of State in February 2025. She was among the members sworn in by President John Dramani Mahama after the constitutionally required appointment and selection processes. President Mahama Supreme Court case
According to information released by the government in June 2026, Akuffo submitted her resignation letter to President Mahama in September 2025. Government spokesperson Felix Kwakye Ofosu said the Council of State requested additional time to engage her before the President formally accepted the resignation. The government subsequently confirmed that the resignation had been accepted and that steps were underway to find a replacement.
The vacancy has now become the subject of a legal challenge. Ghanaian citizen Samuel Bryan Buabeng has asked the Supreme Court to compel the President to appoint a former Chief Justice to the Council of State. The lawsuit raises constitutional questions about the composition of the Council and the filling of positions specifically identified under Article 89. President Mahama Supreme Court case
The case is important because Article 89(2)(a)(i) specifically provides for one person who has previously held the office of Chief Justice among the persons appointed by the President in consultation with Parliament.
This means the dispute is not simply about replacing a former public official. It concerns how a constitutional institution should operate when a position within its specified composition becomes vacant.
The Council of State has an advisory role rather than functioning as another arm of government. Its official mandate includes counselling the President and advising on certain appointments and matters referred to it.
Readers following the broader political story can also visit the MyGHPages News section for additional Ghana news coverage. The Politics section can provide further political developments, while the Business section covers major economic and policy stories.
For the latest legal information, the Judicial Service of Ghana provides official information about Ghana’s judiciary. The Council of State also publishes information about its mandate and membership. President Mahama Supreme Court case
The government’s position, as previously reported, is that the process for replacing Akuffo was underway. The lawsuit now places the issue before the Supreme Court, meaning the court will have to consider the constitutional arguments presented by the parties.
It is important to distinguish between an allegation made in a court filing and a judicial finding. President Mahama’s Supreme Court case is still a legal challenge, and the allegations concerning the vacancy have not been finally determined by the court.
3. Who Filed the Case Against President Mahama?
The President Mahama Supreme Court case has drawn national attention after a Ghanaian citizen filed a legal challenge concerning the vacant Council of State position previously held by former Chief Justice Sophia Akuffo. The plaintiff, Samuel Bryan Buabeng, is asking the Supreme Court to examine whether the continued vacancy complies with Ghana’s 1992 Constitution. Reports published on the case identify the action as one challenging the President’s handling of the vacant position. President Mahama Supreme Court case
The case is important because the Council of State is a constitutional institution rather than an ordinary government committee. Under Article 89 of the Constitution, the Council includes specified categories of members, including a person who has previously served as Chief Justice. Sophia Akuffo, a former Chief Justice of Ghana, joined the Council of State in February 2025.
According to reports, Akuffo resigned from the Council of State in September 2025. The government later confirmed that President Mahama had accepted her resignation and that arrangements were being made to find a replacement. The vacancy subsequently became the subject of the court action.
The plaintiff’s legal challenge focuses on the constitutional requirement concerning the former Chief Justice position. Rather than being a personal dispute between the plaintiff and President Mahama, the case raises broader questions about constitutional appointments, presidential responsibilities and the proper composition of the Council of State.
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The plaintiff is seeking relief from the Supreme Court concerning the vacant position. However, it is important to distinguish between the claims made by a person bringing a lawsuit and an actual judgement of the court. Filing a case does not by itself establish that the President has acted unconstitutionally.
The Judicial Service of Ghana provides official information about Ghana’s judiciary and constitutional institutions. The public can also follow information from the Council of State to understand the institution’s mandate and role. President Mahama Supreme Court case
The case could become significant if the Supreme Court is required to interpret how Article 89 applies when a constitutionally specified Council of State position becomes vacant. Such a ruling could provide guidance for future presidential appointments and the management of similar vacancies.
For President Mahama, the legal challenge places renewed attention on the administration’s handling of the Sophia Akuffo vacancy. For the plaintiff, the case provides an opportunity to ask the country’s highest court to determine the constitutional question. President Mahama Supreme Court case
As proceedings continue, the key issue will be how the Supreme Court interprets the relevant constitutional provisions and what remedies, if any, it considers appropriate.
4. What the Constitution Says About the Council of State Seat

The President Mahama Supreme Court case centres on the constitutional requirements governing Ghana’s Council of State. The legal challenge concerns the vacant position previously occupied by former Chief Justice Sophia Akuffo, who resigned from the Council in September 2025. The plaintiff, Samuel Bryan Buabeng, argues that the prolonged vacancy raises questions about whether the Council is being constituted in accordance with the 1992 Constitution.
Article 89 of the 1992 Constitution is particularly important to the dispute. It establishes the Council of State and provides for its composition. Among the members appointed by the President in consultation with Parliament is one person who has previously held the office of Chief Justice. This provision is at the centre of the argument being presented before the Supreme Court.
The significance of this requirement is that the Council of State is designed to provide advice and experience to the President on matters of national importance. The Constitution therefore specifies particular categories of membership rather than leaving the entire composition solely to presidential discretion. The Council’s official mandate can be reviewed through the Council of State website. President Mahama Supreme Court case
Sophia Akuffo served on the Council as a former Chief Justice after President Mahama swore in the new Council of State members in February 2025. Her resignation subsequently left the position vacant. The Presidency confirmed in June 2026 that President Mahama had formally accepted her resignation and that processes were underway to identify a replacement. President Mahama Supreme Court case
The current lawsuit argues that the President should not leave the constitutionally specified position vacant indefinitely. The plaintiff is asking the Supreme Court to interpret Articles 89(1) and 89(2)(a)(i) and determine whether the failure to appoint a replacement amounts to an unconstitutional omission.
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The issue also raises an important question about the meaning of a constitutional vacancy. A vacancy does not necessarily mean that every activity of an institution automatically becomes invalid. Instead, the court may need to determine what the Constitution requires when a specified position becomes vacant and how quickly the appointing authority must act.
The plaintiff’s requested remedy includes an order directing President Mahama to consult Parliament within 14 days and appoint a former Chief Justice within 48 hours after that consultation. These are the remedies requested by the plaintiff, not orders that have already been issued by the Supreme Court.
The Judicial Service of Ghana provides official information about Ghana’s judiciary and constitutional framework. Its resources can help readers understand the role of the Supreme Court in interpreting constitutional provisions.
The case could eventually provide useful guidance on presidential appointments and vacancies within constitutional bodies. If the Supreme Court rules on the substantive constitutional questions, the decision may influence how future governments handle similar vacancies.
For now, the central constitutional question remains whether President Mahama’s handling of the vacant former Chief Justice position on the Council of State complies with Article 89. That question will ultimately be determined through the judicial process. President Mahama Supreme Court case
5. What President Mahama Is Being Asked to Do in the Council of State Dispute
The President Mahama Supreme Court case has moved attention from the resignation of former Chief Justice Sophia Akuffo to the question of what should happen to the vacant Council of State position. Ghanaian citizen Samuel Bryan Buabeng has invoked the original jurisdiction of the Supreme Court and is seeking an order compelling President John Dramani Mahama to appoint a former Chief Justice to the Council of State. (The High Street Journal)
According to the reported writ, the plaintiff is asking the Supreme Court to determine whether the continued vacancy is consistent with Article 89 of Ghana’s 1992 Constitution. The provision sets out the composition of the Council of State, including a place for a person who has previously held the office of Chief Justice. (The High Street Journal) President Mahama Supreme Court case
The dispute follows Sophia Akuffo’s resignation from the Council of State. The Presidency confirmed in June 2026 that she had submitted her resignation in September 2025 and that President Mahama had formally accepted it. Government Communications Minister Felix Kwakye Ofosu also said processes were underway to find her replacement. (Graphic Online)
The plaintiff’s case therefore seeks clarity on the President’s responsibility following the resignation. The reported court action asks for declarations concerning the constitutional position and directions requiring the vacancy to be filled. The specific remedies being requested are the plaintiff’s claims and should not be confused with an order already issued by the Supreme Court. (The High Street Journal)
This development is attracting attention because the Council of State is a constitutionally established advisory body. Its role is to advise the President on matters of national importance, making its composition an important part of Ghana’s constitutional governance structure. (Ghana News Agency)
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The case also comes at a time when there has been public discussion about who could eventually succeed Sophia Akuffo on the Council. Media reports have mentioned possible former chief justices, but any appointment remains a matter for the constitutional process and should not be presented as confirmed until officially announced. (GHnow)
The Judicial Service of Ghana provides official information about Ghana’s judiciary, while the Council of State provides information about the advisory institution and its functions. President Mahama Supreme Court case
For President Mahama, the legal challenge places the administration’s handling of the vacancy under judicial scrutiny. For the plaintiff, the case is an attempt to obtain a constitutional interpretation and an appropriate remedy from Ghana’s highest court.
The Supreme Court will ultimately determine the legal questions presented before it. Until that happens, claims that the President has acted unconstitutionally remain allegations made in the lawsuit rather than established findings of the court.
The President Mahama Supreme Court case could therefore become an important constitutional matter, particularly if the court provides guidance on how vacancies in constitutionally specified Council of State positions must be handled.
6. Why the Council of State Seat Matters to Ghana’s Governance
The President Mahama Supreme Court case has raised wider questions about the importance of the Council of State and the constitutional role played by its members. The Council of State is established under Article 89 of Ghana’s 1992 Constitution and serves as an advisory body to the President on matters of national importance. Its membership includes specific categories of people, including a former Chief Justice.
The vacant seat previously occupied by former Chief Justice Sophia Akuffo has therefore attracted attention because her position was not simply an ordinary political appointment. She was appointed to the Council of State in February 2025 in her capacity as a former Chief Justice. The Council’s official profile confirms that the former Chief Justice is one of the four ex-officio categories specified under the Constitution.
Sophia Akuffo later submitted her resignation in September 2025. In June 2026, government spokesperson Felix Kwakye Ofosu confirmed that President John Dramani Mahama had accepted the resignation and said processes were underway to appoint a replacement. President Mahama Supreme Court case
The President Mahama Supreme Court case now places attention on whether the vacancy should have been filled within a particular constitutional timeframe and what obligations the President has when a constitutionally specified position becomes vacant.
The Council of State’s importance comes from its advisory function. Its members can bring experience from the judiciary, public administration, security services, traditional leadership and other areas of national life. Their advice can therefore contribute to discussions on major government decisions and issues affecting Ghana.
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The Council also has committees dealing with particular areas of governance. Its Legal, Constitutional Affairs and Petitions Committee, for example, considers constitutional matters and petitions referred to the Council. The Council’s official information shows that Sophia Akuffo had been associated with this committee.
This makes the composition of the Council particularly relevant whenever a vacancy occurs. A replacement can restore the representation envisaged by the constitutional framework and ensure that the Council continues operating with the membership categories provided for under Article 89.
The legal dispute should nevertheless be viewed carefully. The filing of a Supreme Court case does not automatically establish that President Mahama has violated the Constitution. The court must consider the arguments and evidence presented by the parties before reaching its own determination.
The Judicial Service of Ghana provides information about Ghana’s judiciary and constitutional institutions. Readers seeking information directly related to the Council can also consult the Council of State website.
As the proceedings develop, the Supreme Court’s interpretation could be significant for future governments. A ruling could clarify how vacancies involving constitutionally specified Council of State positions should be handled and whether a particular period applies to replacing such members.
Ultimately, the President Mahama Supreme Court case is important because it brings constitutional procedure, presidential responsibility and the functioning of a key advisory institution into the spotlight. The final legal position will depend on what the Supreme Court determines after considering the case.
7. What the Government Has Said About Sophia Akuffo’s Replacement
The President Mahama Supreme Court case has also brought renewed attention to the government’s explanation for why the Council of State seat previously held by former Chief Justice Sophia Akuffo remained vacant. Sophia Akuffo resigned from the Council of State in September 2025, and the Presidency later confirmed that President John Dramani Mahama had accepted her resignation. The government said at the time that steps were underway to identify and appoint a replacement. President Mahama Supreme Court case
According to Presidential Spokesperson Felix Kwakye Ofosu, Akuffo submitted her resignation letter to President Mahama in September 2025. He explained that the President initially held off formally accepting the resignation because the Council of State wanted an opportunity to engage the former Chief Justice and determine whether there were concerns that could be addressed. After those engagements, the Council reportedly indicated that the resignation could be accepted.
The Presidency subsequently confirmed that Akuffo was no longer a member of the Council and said the process of finding a replacement was underway. This explanation is significant to the President Mahama Supreme Court case because the legal challenge now questions whether the vacancy has remained open for an unreasonable period. A lawyer for the plaintiff has argued that almost a year is too long for the position to remain vacant.
The government’s position therefore differs from the argument being advanced by the plaintiff. While the plaintiff is asking the Supreme Court to intervene over the vacancy, the administration has previously maintained that the process of replacing Akuffo was underway. President Mahama Supreme Court case
For readers following Ghanaian political developments, the MyGHPages News section provides additional coverage of national affairs. Readers can also follow the Politics section for government and constitutional developments.
The issue has become particularly important because Akuffo occupied the Council of State position as a former Chief Justice. The Council of State’s official information identifies the former Chief Justice position as one of the constitutionally specified categories of membership.
The legal challenge does not necessarily mean that the government’s explanation has already been rejected. The Supreme Court will have to consider the constitutional arguments brought before it and determine the appropriate legal position.
The Judicial Service of Ghana remains an important source for official information concerning Ghana’s judiciary and constitutional matters. Information about the Council itself can also be found through the Council of State.
The outcome of the case could clarify whether the President has a specific constitutional timeframe within which such a vacancy must be filled and what happens when a constitutionally identified Council of State position remains vacant. President Mahama Supreme Court case
Until the Supreme Court makes its determination, both the plaintiff’s allegations and the government’s explanation should be understood as positions in an ongoing legal dispute rather than a final judicial conclusion.
The President Mahama Supreme Court case is therefore closely tied to the question of whether the replacement process for Sophia Akuffo’s seat has satisfied Ghana’s constitutional requirements.
8. Is the Case Challenging Decisions Made by the Council of State?

The President Mahama Supreme Court case is focused primarily on the vacant Council of State position previously held by former Chief Justice Sophia Akuffo, rather than seeking to overturn decisions already taken by the Council of State. The case was filed by Ghanaian citizen Samuel Bryan Buabeng, who has asked the Supreme Court to determine whether the continued vacancy complies with the 1992 Constitution.
The distinction is important because the Council of State is a constitutional advisory institution. Article 89 establishes the Council and sets out its composition, including specified ex-officio members such as a former Chief Justice. The official Council of State profile confirms that Sophia Akuffo was appointed to the ninth Council of State in February 2025 in her capacity as a former Chief Justice. President Mahama Supreme Court case
Sophia Akuffo subsequently resigned from the Council of State in September 2025. The government confirmed in June 2026 that President John Dramani Mahama had accepted her resignation and that processes were underway to find a replacement.
The President Mahama Supreme Court case therefore raises a constitutional question about the vacancy and the President’s responsibility to fill a position identified within the Council’s constitutional structure. It is not, based on the reported relief sought, a general challenge to everything the Council has done while the seat has remained vacant. President Mahama Supreme Court case
This issue matters because the Council of State performs an advisory role for the President. Its official website explains that the institution considers constitutional matters, petitions and other issues referred to it. Sophia Akuffo had also served as chairperson of the Legal, Constitutional Affairs and Petitions Committee.
For readers following the wider political story, the MyGHPages News section provides additional coverage of Ghanaian national affairs. More political developments can be found in the Politics section, while the Business section covers major economic and policy developments.
The lawsuit could nevertheless have broader implications if the Supreme Court decides that a vacancy involving a constitutionally specified category of Council membership must be filled within a particular period. Such a ruling could provide guidance for future administrations dealing with vacancies in constitutional bodies. President Mahama Supreme Court case
The plaintiff’s request should also be separated from the final outcome of the case. Asking the Supreme Court to issue an order does not mean that the court has already agreed with the plaintiff’s interpretation. The court will have to consider the constitutional arguments and the responses of the parties before making its determination.
Readers seeking official judicial information can consult the Judicial Service of Ghana. Information about the Council’s mandate and membership is available from the Council of State.
The government has previously stated that the replacement process was underway. The current court action puts that process under additional constitutional scrutiny and could determine how the vacancy should legally be handled.
Ultimately, the President Mahama Supreme Court case is about the constitutional handling of the vacant Council of State seat. Until the Supreme Court delivers its decision, it would be inaccurate to describe the plaintiff’s allegations as a final finding against President Mahama or to suggest that Council of State decisions have automatically been declared invalid.
9. What Could the Supreme Court Ruling Mean for President Mahama and the Council of State?
The President Mahama Supreme Court case could have implications beyond the vacant Council of State seat formerly occupied by former Chief Justice Sophia Akuffo. The legal challenge asks the Supreme Court to determine whether the failure to fill the position is consistent with the constitutional requirements governing the Council of State. A Ghanaian citizen, Samuel Bryan Buabeng, has brought the case before the court.
At the centre of the dispute is Article 89 of Ghana’s 1992 Constitution, which establishes the Council of State and provides for its composition. The Council’s official information identifies a former Chief Justice as one of the specified categories of membership. Sophia Akuffo had occupied that position before resigning from the Council. President Mahama Supreme Court case
The government confirmed in June 2026 that President Mahama had accepted Akuffo’s resignation and that processes were underway to find a replacement. According to the government’s explanation, Akuffo submitted her resignation in September 2025, while the formal acceptance was delayed to allow the Council of State to engage her. President Mahama Supreme Court case
The President Mahama Supreme Court case could therefore provide an opportunity for Ghana’s highest court to clarify how constitutional vacancies should be handled. If the court agrees with the plaintiff’s interpretation, its decision could place greater emphasis on the need for timely action when a position specifically mentioned in the Constitution becomes vacant.
For readers following Ghana’s political developments, the MyGHPages News section provides continuing coverage of national affairs. Political developments can also be followed through the Politics section, while the Business section covers major economic and policy developments.
A ruling could also clarify the limits of presidential discretion. The President has constitutional responsibilities concerning appointments to the Council, but the extent of those responsibilities when a vacancy occurs is now part of the legal debate before the court.
The Council of State provides information about the institution’s advisory role and constitutional functions. Its work includes advising the President on matters of national importance, making the proper composition of the body an important governance issue.
The plaintiff is reportedly seeking specific declarations and orders concerning the replacement of Sophia Akuffo. However, these requests should not be mistaken for decisions already made by the Supreme Court. The court has yet to determine the substantive constitutional issues raised by the case.
For authoritative information about Ghana’s judicial system, readers can consult the Judicial Service of Ghana. Information about constitutional provisions and court proceedings should be distinguished from commentary or claims made by individuals involved in the dispute.
Another possible consequence is that the ruling could establish guidance for future governments. If the court determines that constitutional appointments must be completed within a particular period after a vacancy, future administrations could have clearer expectations when dealing with similar positions. President Mahama Supreme Court case
The case could also influence public discussions about constitutional accountability and presidential responsibility. A decision explaining the President’s obligations would give citizens, lawmakers and government institutions a clearer understanding of how Article 89 should operate in practice.
For now, the central issue remains unresolved. The President Mahama Supreme Court case is a pending constitutional dispute, and the Supreme Court’s eventual interpretation will determine whether the plaintiff’s arguments succeed.
Until judgment is delivered, claims that President Mahama has violated the Constitution should be presented as allegations contained in the lawsuit, rather than as an established finding of the court. President Mahama Supreme Court case
10. What Happens Next in the President Mahama Supreme Court Case?
The President Mahama Supreme Court case over the vacant Council of State seat previously held by former Chief Justice Sophia Akuffo is now a matter before Ghana’s highest court. The case was filed by Ghanaian citizen Samuel Bryan Buabeng, who is asking the Supreme Court to determine whether the continued vacancy is consistent with the 1992 Constitution.
The dispute follows Sophia Akuffo’s resignation from the Council of State. According to government officials, she submitted her resignation in September 2025, and President John Dramani Mahama subsequently accepted it. The government also said that processes were underway to identify a replacement.
The legal challenge centres on Article 89 of Ghana’s Constitution, which provides for the composition of the Council of State. The Council’s official information confirms that a former Chief Justice is among the specified categories of membership. President Mahama Supreme Court case
According to the reported court filing, the plaintiff wants the Supreme Court to declare that the President is required to appoint another former Chief Justice following the resignation of Sophia Akuffo. He is also seeking directions concerning consultation with Parliament and the subsequent appointment.
The President Mahama Supreme Court case could therefore have implications for how constitutional vacancies are handled in Ghana. However, the requested reliefs are the plaintiff’s claims and should not be presented as orders that the Supreme Court has already issued.
Readers can follow developments through MyGHPages News, as well as GhanaWeb, Graphic Online, MyJoyOnline, and NewsGhana.
For official information about Ghana’s constitutional and judicial system, readers can consult the Judicial Service of Ghana, Supreme Court information, the Council of State, the Parliament of Ghana, and the Ghana Legal Information Institute.
Other major Ghana news sources covering political developments include 3News, Citi Newsroom, JoyNews, TV3, and Asaase Radio.
For additional reporting and legal analysis, readers can also check The High Street Journal, Modern Ghana, Ghana News Agency, The Law Platform, Ghana News, Pulse Ghana, and Adom Online.

The next important development will be the response of the parties and the Supreme Court’s consideration of the constitutional questions raised by the lawsuit. The court’s eventual interpretation could provide guidance on whether a particular timeframe applies when a constitutionally specified Council of State position becomes vacant. President Mahama Supreme Court case
For now, the President Mahama Supreme Court case remains an ongoing legal matter. The allegations made by the plaintiff should therefore be distinguished from a final judgement. Any constitutional violation will ultimately have to be determined by the Supreme Court.