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Supreme Court Throws Out Torkornoo’s Supplementary Affidavit

Apex court rules affidavit violated constitutional mandate for private proceedings in judicial removal cases.

The Supreme Court has dismissed a supplementary affidavit submitted by suspended Chief Justice Gertrude Torkornoo in support of her request for an injunction.

In the affidavit, Justice Torkornoo described her treatment during the ongoing proceedings as degrading and unjust, calling the process a “mockery of justice” and a deliberate effort to remove her from office without cause.

However, the apex court determined that the affidavit referenced matters discussed during a committee hearing that, according to the Constitution, must be held in private.

A five-member bench sustained an objection raised by Deputy Attorney General Justice Srem Sai, who argued that the affidavit violated Article 146(8) of the Constitution. This provision requires that all proceedings relating to the removal of justices be conducted in camera.

Justice Sai contended that by revealing elements of the committee’s internal discussions, the suspended Chief Justice breached this constitutional rule.

In response, Justice Torkornoo’s legal counsel, former Attorney General Godfred Yeboah Dame, maintained that the affidavit was part of a legal process and not made public, thus not breaching confidentiality.

Despite this defense, the Supreme Court ruled that the affidavit contravened the constitutional confidentiality clause and struck it out accordingly.

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