Deputy Attorney General and Minister of Justice, Justice Srem Sai, has confirmed that President John Dramani Mahama is currently facing a constitutional challenge at the Supreme Court over one of his appointments to the Police Council.
In a detailed post on Monday, Mr. Srem Sai clarified that although the suit is technically filed against the state, the President has been cited as a respondent in his capacity as Head of State.
The disclosure has stirred public interest, with many viewing it as a rare test of presidential accountability under Ghana’s 1992 Constitution.
According to the Deputy Minister, the case revolves around the President’s decision in 2025 to appoint a retired Commissioner of Police (COP) to represent retired senior police officers on the Police Council.
The Constitution mandates that a representative must come from the “Retired Senior Police Officers Association,” which existed at the time the Constitution was drafted. However, that association no longer exists. In its place now operates the “National Association of Retired Police Officers,” whose membership and structure differ from the defunct body.
The plaintiff is demanding that the President replace the retired COP with a retired Assistant Commissioner of Police (ACP) who belongs to the current association.
Legal analysts say the case could determine how faithfully constitutional provisions must be interpreted when institutional structures evolve over time. Justice Srem Sai noted that the matter is strictly constitutional in nature and falls within the Supreme Court’s jurisdiction.
“The Supreme Court is the final authority when it comes to constitutional interpretation. Whatever ruling it makes on this matter will stand as binding precedent for future cases involving the presidency,” he said, stressing that the outcome could redefine how future presidents navigate appointments where institutions no longer exist in their original form.
