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Claim: A BBC News article published on April 22, 2025, claimed that Ghanaian President John Mahama’s suspension of Supreme Court Chief Justice Gertrude Torkornoo “marks a first in the country’s history.”
Verdict: Misleading! While it is the first suspension of a Chief Justice under Ghana’s 1992 Constitution, a similar executive action occurred in 1963 when President Kwame Nkrumah dismissed Chief Justice Arku Korsah after acquitting three defendants in the Kulungugu treason trial.
Full Text
The claim originates from a BBC News article published on April 22, 2025, reporting that President John Mahama suspended Chief Justice Gertrude Torkornoo, Ghana’s third female Chief Justice, who was appointed in June 2023.
The suspension followed three undisclosed petitions calling for her removal, prompting an investigation under Article 146 of Ghana’s 1992 Constitution.
The article’s assertion that this is a “first in the country’s history” has been echoed by other outlets. However, it requires scrutiny given Ghana’s judicial history, particularly the 1963 dismissal of Chief Justice Arku Korsah.
Some social media users expressed frustration and criticism over the BBC’s reporting. Here are a few of the reactions posted on X:
- Ayi Kwei Armah (@nythetraveller) remarked: “If you keep going like this, we should ban you from reporting from Ghana.”
- Alpha (@Brownpursek) corrected the report by saying, “You have misinformed the ‘world.’ She is the second Chief Justice to have been sacked from office in Ghana. Do proper research, BBC.”
- Isaac Arthur (@arthur_isa77062) questioned the outlet’s neutrality: “Is BBC the NPP mouthpiece?”
DUBAWA fact-checked the claim due to its viral spread and potential to mislead the public about Ghana’s judicial history, particularly given the 1963 precedent of Chief Justice Arku Korsah’s dismissal.
Verification
To verify the claim, DUBAWA focused on whether the suspension of Chief Justice Torkornoo is indeed the first instance of a Chief Justice facing executive action in Ghana’s history, examining both the current event and historical precedents.
1. Suspension of Chief Justice Gertrude Torkornoo in 2025
Multiple credible sources confirm that President John Mahama suspended Chief Justice Gertrude Torkornoo on April 22, 2025, under Article 146(6) of the 1992 Constitution, which allows the President to suspend the Chief Justice pending an investigation into petitions for removal. Key evidence includes:
BBC News (April 22, 2025): Stated that Mahama suspended Torkornoo, describing it as a “first in the country’s history” and noting the investigation into three petitions.
The suspension, however, aligns with constitutional procedures, though it has sparked controversy.
Former Attorney General Godfred Yeboah Dame called it a “charade” and an “assault on judicial independence,” citing initial procedural lapses, such as delaying access to petition copies for Torkornoo, which were later provided.
The suspension of Torkornoo in 2025 is accurately reported and marks the first instance of a Chief Justice being suspended under Ghana’s 1992 Constitution, which governs the country’s current democratic framework.
2. Historical Precedent: Dismissal of Chief Justice Arku Korsah in 1963
The claim that Torkornoo’s suspension is a “first in the country’s history” is deceptive because a comparable executive action occurred in 1963 under President Kwame Nkrumah.
Historical records confirm that Nkrumah dismissed Chief Justice Arku Korsah on December 13, 1963, following the acquittal of three defendants—Ebenezer Ako-Adjei, Tawia Adamafio, and Hugh Horatio Cofie-Crabbe—in the Kulungugu treason trial. Key evidence includes:
- Ghanaweb: Documented the Kulungugu bomb attack and trial, noting that Nkrumah dismissed Korsah two days after the acquittal on December 11, 1963, for his role in the verdict.
- Modern Ghana: Stated that Nkrumah sacked Korsah and two other judges, W. B. Van Lare and Edward Akufo-Addo, after the trial, citing dissatisfaction with the acquittal.
- Wikipedia: Kulungugu bomb attack: Confirmed Korsah’s dismissal on December 13, 1963, followed by a re-trial with a new court that convicted the defendants.
- Edward A. Ulzen Memorial Foundation: Noted that Korsah, as Chief Justice, led the special court that acquitted the defendants, leading to his dismissal by Nkrumah.
The 1963 dismissal occurred under the First Republic’s constitution, which had granted Nkrumah the authority to dismiss judges, unlike the stricter provisions in the 1992 Constitution (Article 146).
While the legal frameworks differ, both cases involve executive action against a sitting Chief Justice due to judicial decisions, establishing a precedent that undermines the claim of Torkornoo’s suspension being entirely unprecedented.
Comparison of 1963 and 2025 Cases
| Aspect | 1963 Dismissal (Arku Korsah) | 2025 Suspension (Gertrude Torkornoo) |
| Executive Action | Dismissal from office | Suspension pending investigation |
| Date | December 13, 1963 | April 22, 2025 |
| President | Kwame Nkrumah | John Mahama |
| Constitutional Framework | First Republic (pre-1992) | 1992 Constitution (Fourth Republic) |
| Trigger | Acquittal in the Kulungugu treason trial | Three petitions alleging misconduct |
| Outcome | Permanent removal, re-trial with the new court | Ongoing investigation by a five-member committee |
| Controversy | Seen as undermining judicial independence | Criticised as an assault on judicial independence |
The key difference is that Korsah’s dismissal was permanent, while Torkornoo’s suspension is temporary pending investigation.
However, both actions were motivated by executive dissatisfaction with judicial outcomes or conduct, linking them as instances of presidential intervention in the judiciary.
Additional Context
- 1992 Constitution’s Protections: Article 146 ensures Chief Justices’ security of tenure, allowing removal only for incompetence, misbehaviour, or incapacity, with a rigorous process involving the Council of State and an investigative committee. Torkornoo’s suspension complies with this framework, but critics argue it sets a dangerous precedent.
- Public Reaction: Social media posts on X show polarized views, with some users citing the 1963 precedent to argue that such actions are not new, while others view the suspension as a unique threat to democracy under the 1992 Constitution.
- Prior Petition: Reuters reported that Torkornoo survived a removal request earlier in 2025, dismissed by former President Akufo-Addo for “several deficiencies,” indicating ongoing scrutiny of her tenure.
Conclusion
The claim that President John Mahama’s suspension of Chief Justice Gertrude Torkornoo on April 22, 2025, “marks a first in the country’s history” is misleading. While it is the first suspension of a Chief Justice under Ghana’s 1992 Constitution, a historical precedent emerged on December 13, 1963, when President Kwame Nkrumah dismissed Chief Justice Arku Korsah after the acquittal of three defendants in the Kulungugu treason trial.
