The Supreme Court has struck out a supplementary affidavit filed by suspended Chief Justice Gertrude Torkonoo, ruling that its contents violated constitutional provisions governing confidentiality in judicial removal proceedings.
The affidavit, filed in support of her injunction application, described her ongoing impeachment process as degrading, a “mockery of justice,” and a deliberate attempt to oust her unfairly. However, the apex court found that the filing breached Article 146(8) of the 1992 Constitution, which requires that all proceedings for the removal of judges be conducted in camera.
The five-member panel sided with Deputy Attorney General Dr. Justice Srem Sai, who objected to the affidavit, arguing it exposed internal deliberations of the committee tasked with investigating the petitions against the Chief Justice.
He contended that the detailed revelations in the document contravened the constitutional requirement of confidentiality and thus should not be entertained by the court.
Godfred Yeboah Dame, former Attorney General and counsel for Justice Torkonoo, defended the affidavit’s inclusion, asserting that it was submitted within a legal forum and not made public, thereby preserving confidentiality.
The court disagreed, determining that the content nonetheless breached the privacy protections enshrined in the Constitution and accordingly expunged the affidavit from the record.
The ruling marks a pivotal moment in the ongoing legal battle, reinforcing the limits of what can be disclosed in the context of judicial disciplinary proceedings, even within the courtroom.
