“Supreme Court can compel President to fill Council of State vacancy” - lawyer
A lawyer is petitioning the Supreme Court to compel President John Dramani Mahama to fill a vacant position on the Council of State. The legal argument rests on the claim that the court has the constitutional authority to issue consequential orders to ensure government compliance.
Why it matters
Highlights a significant constitutional debate regarding the separation of powers and the extent of judicial oversight over executive appointments in Ghana.
Lawyer for Samuel Bryan Buabeng, Jonathan Owusu Asare , has defended his client’s request for the Supreme Court to order President John Dramani Mahama to fill the vacant former Chief Justice position on the Council of State within a specified timeframe.
Owusu Asare said the Supreme Court has the constitutional authority to issue consequential orders where it finds that an act or omission by a public official violates the 1992 Constitution .
His client is asking the Court to direct the President to consult Parliament within 14 days and appoint a former Chief Justice to the Council of State within 48 hours after the consultation.
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