Government’s Silence on Former Chief Justice Sophia Akuffo’s Resignation From Council of State Raises Constitutional Questions

The Ghanaian government’s failure to publicly acknowledge the resignation of former Chief Justice Sophia Akuffo from the Council of State has drawn sharp criticism from political commentators, who warn that the silence undermines both transparency and constitutional integrity.

Fiifi Boafo, former Head of Corporate Affairs at COCOBOD, questioned the Presidency’s reluctance to address the vacancy during an appearance on GHOne TV’s morning programme GH Today on Sunday. His intervention adds to growing disquiet over what critics describe as a pattern of evasiveness from the Mahama administration on matters of institutional governance.

“The most worrying part of it — why has government kept quiet about this? Did they have to take the media to tell us that Madam Sophia Akuffo has resigned her position as a member of the Council of State?” Boafo asked.

A Resignation Shrouded in Silence

Justice Sophia Akuffo, who served as Chief Justice from 2017 to 2020, was appointed to the 9th Council of State by President John Dramani Mahama in February 2025. Reports indicate she submitted her resignation in late 2025, and she has not attended any Council meetings since. Neither Akuffo nor the Presidency has publicly confirmed the reasons behind her departure.

The Council of State is a constitutional advisory body that plays a critical role in the governance architecture, advising the President on appointments and key national policy decisions. Under the 1992 Constitution, the President is required to appoint a former Chief Justice as a member of the Council — a provision designed to bring legal and judicial expertise to bear on executive decision-making.

Links to the Torkornoo Removal

Boafo suggested the resignation may be connected to the contentious removal of Chief Justice Gertrude Torkornoo in August and September 2025, an episode that divided legal opinion and drew public dissent from Akuffo herself. The former Chief Justice’s departure from the Council, Boafo argued, could be read as a principled protest against what he characterised as the executive’s disregard for constitutional norms.

“If what we are hearing — that it is as a result of how the former Chief Justice, Madam Mrs. Torkornoo, was hanged out of her position — if that is the reason… almost a year, the President does not see the need to have a former Chief Justice as part of the Council of State,” Boafo said. “Really, the President does not want to respect the Constitution of our country?”

The commentary follows a broader pattern of concern over the government’s approach to staffing key constitutional bodies. The recent resignation of Deputy Electoral Commission Chair Dr. Bossman Asare, effective July 31, similarly raised questions about institutional stability, though in that case the departure was publicly announced. The government has also faced scrutiny over the size of its own political appointments, with Minister of State Felix Kwakye Ofosu recently rejecting claims that the Office of Government Machinery is bloated.

Succession Uncertainty

The vacancy has also highlighted a practical challenge: the pool of living former Chief Justices who could serve on the Council is limited. Boafo himself noted the difficulty, quipping that the President might be weighing whether to approach Georgina Wood or Anin Yeboah as replacements — a choice that, in his telling, the executive appears content to defer indefinitely.

Legal scholars and civil society groups are expected to keep pressing the Presidency for clarity. Without an official statement, the government risks allowing speculation to harden into a narrative of constitutional neglect — one that could have lasting implications for public trust in the institutions meant to hold the executive to account.

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