adverts
The Supreme Court has struck out a supplementary affidavit filed by suspended Chief Justice Gertrude Torkonoo in support of her application for an injunction, citing a violation of constitutional confidentiality provisions.
The affidavit, which formed part of Justice Torkonoo’s legal challenge against her suspension and ongoing removal proceedings, alleged inhumane treatment and a deliberate effort to tarnish her reputation. In it, she described the process as a “mockery of justice” and a “ruse” designed to oust her from office unjustly.
However, the apex court ruled that the contents of the affidavit referred to events that took place before the committee investigating the petitions for her removal—proceedings that, under Article 146(8) of the Constitution, are to be held strictly in camera.
adverts
A five-member panel of the Supreme Court upheld an objection raised by Deputy Attorney General Justice Srem Sai, who argued that the affidavit contravened constitutional confidentiality by disclosing elements of the committee’s internal deliberations.
“In submitting this affidavit, the applicant has breached Article 146(8), which explicitly mandates that proceedings concerning the removal of a judge or justice be conducted in private,” Srem Sai asserted.
Defending his client, former Attorney General and lead counsel for Justice Torkonoo, Godfred Yeboah Dame, argued that the affidavit had been filed within a judicial process and not disseminated to the public. He maintained that this did not amount to a breach of confidentiality.
“This was not a publication to the general public; it was a submission within a legal forum,” Dame said. “There is a clear distinction.”
Despite the argument, the Supreme Court ruled that the affidavit’s content violated the confidentiality clause enshrined in the Constitution and consequently ordered it to be struck from the record.
Justice Torkonoo, who is currently suspended pending the outcome of the inquiry into her conduct, had filed for an injunction to halt the committee’s proceedings, citing concerns about fairness and personal dignity.
The striking out of her supplementary affidavit represents a setback in her legal strategy and underscores the sensitive nature of judicial removal proceedings in Ghana’s constitutional framework.
Click the link Puretvonline.com | WhatsApp Channel to join the WhatsApp channel
GOT A STORY?
Contact/WhatsApp: +233243201960 or Email: manuelnkansah33@gmail.com
