Supreme Court has struck down a supplementary affidavit submitted by suspended Chief Justice Gertrude Torkonoo, ruling that the filing violated constitutional provisions requiring confidentiality in judicial disciplinary proceedings.

In a decision issued by a five-member panel, the Court sided with Deputy Attorney-General Justice Srem Sai, who objected to the affidavit on the grounds that it disclosed information from in-camera committee proceedings. The affidavit, filed in support of Justice Torkonoo’s application for an injunction, described her treatment during the removal process as inhumane and characterized the inquiry as a “mockery of justice” and a “ruse” to oust her from office.

Justice Srem Sai argued that the contents of the affidavit contravened Article 146(8) of Ghana’s Constitution, which mandates that proceedings concerning the removal of justices be conducted in private. The Deputy Attorney-General maintained that by revealing aspects of the committee’s internal deliberations, Justice Torkonoo breached this constitutional safeguard.

Godfred Yeboah Dame, former Attorney-General and counsel for Justice Torkonoo, countered that the affidavit was filed solely within the context of a judicial proceeding and had not been made public, asserting that this did not violate the confidentiality clause.

Nevertheless, the Supreme Court found that the affidavit’s content constituted a breach of the confidentiality required by law and ordered it to be struck from the record.

The ruling marks another setback for Justice Torkonoo in her ongoing legal battle to challenge the legitimacy of the disciplinary process initiated against her, a case with potentially far-reaching implications for judicial accountability and independence in Ghana.

Source:TheDotNews