Sophia Akuffo's Council of State Appointment Flawed, Says Legal Expert

    A prominent legal academic argues former Chief Justice Sophia Akuffo's appointment to the Council of State was unconstitutional from its inception, bypassing a more senior former Chief Justice.

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    Former Chief Justice Sophia Akuffo’s appointment to Ghana’s Council of State was constitutionally flawed from the beginning. Kwaku Ansa-Asare, a senior legal academic, stated this on June 20, 2026. He argued a more senior and constitutionally appropriate candidate was bypassed.

    Ansa-Asare is the Dean of the Faculty of Laws at Mountcrest University College and a former Director of the Ghana School of Law. He made these remarks on the program Newsfile. This occurred days after President John Dramani Mahama formally accepted Akuffo’s resignation. Akuffo had submitted her resignation letter in September 2025 and had not attended Council of State meetings since then.

    This incident fits into a broader pattern of scrutiny regarding high-level public appointments in Ghana. The country's political landscape often sees debates over adherence to constitutional provisions, especially concerning powerful bodies like the Council of State. Such appointments can affect public perception of institutional integrity and government transparency. The Council of State advises the President and Parliament, playing a crucial role in governance.

    Ansa-Asare stated the government’s delayed announcement of Akuffo’s resignation was problematic. “A person resigning in September and the government coming out under public pressure to make some half-truth — it should be roundly condemned,” he said. He further commented, “The next time something like this happens, the government must come clean and let the whole country know.”

    His central criticism focused on the original appointment itself. Article 89 of the Constitution outlines the inclusion of a retired Chief Justice in the Council of State. Ansa-Asare contended that former Chief Justice Georgina Theodora Wood should have been selected. Wood served for ten years and was the most senior living retired Chief Justice at the time of Akuffo's appointment. “At that time, we had former Chief Justice Georgina Theodora Wood, who had done ten years of meritorious service and was therefore ten years ahead of Sophia Akuffo — and she was bypassed,” he explained.

    Ansa-Asare dismissed arguments that Wood's prior service on the Council disqualified her. He asserted the constitutional requirement was seniority, not novelty of appointment. “The legal profession drives on seniority,” he emphasized. “In bypassing, you create a problem.”

    The debate surrounding Akuffo’s appointment and subsequent resignation underscores the need for clear interpretation and strict adherence to constitutional directives. Future high-level appointments will likely face increased public and expert scrutiny. This aims to ensure all constitutional provisions, particularly those concerning seniority and suitability, are fully met. The government may also face pressure for greater transparency in announcing resignations and appointments to critical bodies. This incident prompts a review of appointment processes to prevent similar constitutional challenges and maintain public trust in state institutions.

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