Josiah
The Supreme Court has struck out a supplementary affidavit filed by suspended Chief Justice Gertrude Torkornoo, ruling that it breached constitutional provisions governing the confidentiality of judicial removal proceedings.
The affidavit had accompanied Justice Torkornoo’s application for an injunction to halt her ongoing impeachment process. In it, she described the proceedings as a “mockery of justice” and a “ruse” intended to unjustly remove her from office, further alleging inhumane treatment and a violation of her personal dignity.
However, a five-member panel of the apex court found that the affidavit disclosed confidential details from hearings conducted by the special committee tasked with investigating petitions for her removal. According to Article 146(8) of the Constitution, such proceedings are to be held in camera and protected from public disclosure.
Deputy Attorney General Justice Srem Sai, who raised the objection, argued that the affidavit contravened the confidentiality clause enshrined in the Constitution. “The contents of the affidavit violate Article 146(8) by revealing details of a process that is constitutionally mandated to remain private,” he told the court.
Counsel for the suspended Chief Justice, former Attorney General Godfred Yeboah Dame, defended the affidavit, asserting that it formed part of court proceedings and had not been made public. He argued that this did not constitute a breach of confidentiality.
Nonetheless, the Supreme Court upheld the objection, ruling that the affidavit compromised the constitutional requirement for privacy in judicial disciplinary matters. Consequently, the affidavit was formally struck out from the record.
Source: Omanghana.com
