The Supreme Court has struck out a supplementary affidavit filed by suspended Chief Justice Gertrude Torkonoo in support of her injunction application.
The affidavit alleged inhumane treatment, violation of her dignity, and described the ongoing proceedings as a “mockery of justice” and a “ruse” aimed at unjustifiably removing her from office.
However, the apex court ruled that the contents of the affidavit referred to events that occurred before the committee investigating the petitions for her removal — proceedings which, by law, are expected to be held in camera.
A five-member panel of the court upheld an objection raised by the deputy Attorney General, Justice Srem Sai who argued that the supplementary affidavit violated Article 146(8) of the Constitution. That provision mandates that proceedings concerning the removal of justices be conducted in private.
According to the deputy Attorney General, by deposing to an affidavit that disclosed aspects of the committee’s deliberations, the suspended Chief Justice breached this constitutional requirement.
Former Attorney General and legal counsel for Justice Torkonoo, Godfred Yeboah Dame, countered that the affidavit was submitted within a judicial forum and not disclosed to the general public. He argued that this did not constitute a breach of Article 146(8).
Nonetheless, the Supreme Court held that the contents of the affidavit indeed violated the confidentiality provisions under the Constitution and accordingly struck it out.
