A private legal practitioner, Jonathan Owusu Asare, has invoked the original jurisdiction of the Supreme Court of Ghana, challenging the constitutional validity of the appointment process of Justice Abdul-Hakeem Osman to the High Court bench, according to a news report filed by thelawplatform.online.
According to the report, in a writ filed on February 18, 2026 and numbered J1/9/2026, Asare is seeking declaratory reliefs over what he describes as constitutional breaches in the appointment of Justice Osman.
The suit questions the eligibility of Justice Osman at the time he applied for the position of High Court Judge, arguing that he had not attained ten years’ standing at the Bar as required by the Constitution.
The plaintiff is also contesting the role played by the Judicial Council of Ghana in the appointment process.
According to the writ, Asare is seeking a declaration that the vetting of Justice Osman and the advice subsequently given to the President recommending his appointment were unconstitutional.
He contends that the Judicial Council acted unlawfully by considering and advising on the application of a candidate who had not met the constitutional threshold of ten years at the Bar.
Asare is further asking the apex court to interpret Articles 139(4) and 144(3) of the 1992 Constitution.
He is seeking clarification on whether lawyers with less than ten years’ standing at the Bar are eligible to apply for appointment as Justices of the High Court.
Additionally, the suit requests the court to determine whether the vetting of such applicants and the issuance of advisory opinions in their favour amount to constitutional violations.
Among the reliefs being pursued is a perpetual injunction restraining the Judicial Service from accepting applications, vetting candidates, or advising the President on the appointment of persons to the High Court bench if those applicants have not attained ten years at the Bar.
The Supreme Court is expected to set a date for the hearing of the matter soon.
Source: Ghanaweb
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