Friday , 10 October 2025

MAHAMA’S DETERMINATION TO REMOVE CJ; A THREAT TO JUDICIAL INDEPENDENCE

By: Sir-Obama Pokuase

In 1963, Kwame Nkrumah removed from office Ghana’s first African Chief Justice Sir Ako Korsah over the trial of Tawiah Adamafio and others in relation to the infamous Kulungugu assassination attempt on him [Nkrumah].

Mind you, seven others were found guilty of treason; of which five were sentenced to death by hanging, with the remaining two (including then sitting MP for the UP, Robert Otchere) securing separate prison terms.

Despite the above, an unhappy Nkrumah cunningly got his CPP side in Parliament to pass a legislation which allowed the President to set aside any judgment by the courts at the time. This was on backdrop of his disbelief that his own CPP members, whom he suspected of masterminding the Kulungugu assassination were acquitted by the 3-Member Court Panel.

Following the dismissal of CJ Korsah, Nkrumah appointed Justice Sakordee Addo (one of the 3 who sat on the same case) as CJ; and ordered the retrial of Tawiah Adamafio and co. As expected, the Sarkodee-Addo court wanting to please Nkrumah did everything possible by throwing the accused into detention at Nsawam prisons until 1966 when the tyrant Nkrumah was overthrown.

CJ Torkonoo’s Removal

Given the historical antecedent, I hasten to believe the treacherous path President Mahama wants to take Ghana — weakening the foundations of the Judiciary—an Independent Arm of Government—by dismissing its head over frivolous and vexatious matters. The charges against the CJ in the petition against her removal are nothing short of trifle matters.

We have come a long way as a country post the 4th Republican Constitution, and must be duly guided. The Bench (comprising of all judges from the lower to the upper courts), GBA, CSOs, Clergy etc must rise up in furcile murmur, and condemn the arbitrary hounding of the CJ.

Since 1992, no President, not even Jerry Rawlings removed any Chief Justice, no matter how much they disagreed with rulings of the courts. Mahama’s predecessors understood the meaning of independence to be just that. The precedence about to be set by President Mahama is a dangerous one.

Today, it’s Araba, tomorrow, it could be Esi.

Assalamu alaikum
Sir-Obama Pokuase
No. 345 Baobab Street

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