Meet the First Chief Justice Sacked From Office: Sir Kobina Arku Korsah
Recent petitions demanding the removal of Chief Justice Gertrude Torkornoo have reignited discussions on judicial independence and the extent of executive influence over the judiciary. While the outcome of these petitions remains uncertain history provides a precedent for such actions dating back to 1963 when Ghana’s first African Chief Justice Sir Kobina Arku Korsah was dismissed by then-President Dr. Kwame Nkrumah.
According to a report by Ghanaianmuseum.com Sir Arku Korsah presided over the 1962 trial of suspects involved in the Kulungugu Bomb Attack a failed assassination attempt on Nkrumah. In December 1963 the Chief Justice delivered a verdict acquitting three of the accused persons a decision that reportedly displeased the Nkrumah administration.
The Edward Ulzen Memorial Foundation noted that the not guilty verdict came as a shock to Nkrumah prompting immediate action. Just two days after the verdict Sir Arku Korsah was removed from office and a new law was rushed through Parliament, granting the president the power to overturn court judgments in the national interest.
This move was widely condemned both locally and internationally. Prominent intellectuals including Cyril Lionel Robert James who had previously praised Nkrumah’s leadership, openly criticized the decision. James urged Nkrumah to reconsider, stating, You cannot dismiss your Chief Justice… You must go and make a public apology. He warned that removing the Chief Justice would damage Nkrumah’s credibility, both within Ghana and on the global stage.
Sir Kobina Arku Korsah born in Saltpond, was an accomplished legal scholar. He attended Mfantsipim School, Fourah Bay College Durham University and London University earning his LLB in 1919. Despite his controversial removal his legacy in Ghana’s judiciary remains significant. He passed away on January 25, 1967.
As discussions on the independence of the judiciary continue in Ghana, this historical episode serves as a reminder of the delicate balance between the judiciary and the executive. Whether history will repeat itself remains to be seen.