The Supreme Court has struck out a supplementary affidavit filed by suspended Chief Justice Gertrude Torkornoo in support of her interlocutory injunction application against her ongoing removal proceedings.
A five-member panel of the apex court ruled on Wednesday, May 28, 2025, that the affidavit violated Article 146(8) of the 1992 Constitution, which mandates confidentiality and in-camera proceedings in matters relating to the removal of superior court justices.
Justice Torkornoo had filed the affidavit on May 26, claiming that her fundamental rights were being abused during the hearings. She described her treatment before the investigative committee as a “complete desecration” of her right to a fair trial and human dignity.
The affidavit alleged that:
- Her husband and children were denied access to the hearing room.
- She was subjected to personal searches.
- She and her lawyers were denied access to phones and laptops, while counsel for the petitioners retained such access.
- The hearing was conducted in a high-security area at the Osu Castle, which she argued amounted to mental torture.
However, Deputy Attorney-General Dr. Justice Srem Sai opposed the affidavit, arguing that its content breached constitutional provisions by discussing proceedings that must be confidential.
He stated the issues raised were entirely protected under Article 146(8) and thus not admissible in open court.
The Supreme Court agreed, holding that the matters raised in the supplementary affidavit are part of the confidential proceedings before the committee and must be protected from public disclosure.
The Court further stated that the Attorney-General could proceed with the case relying solely on the original affidavit, rendering the supplementary affidavit unnecessary.
This development is part of a broader legal challenge in which Justice Torkornoo is contesting the constitutionality and fairness of the committee’s process and seeking to stop the proceedings initiated by three separate petitions for her removal.
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