005053
117.
In this regard, the Court notes that it is common
amongst those jurisdictions?"
having review procedures for review benches to involve in the review proceedings,
judges who previously considered the matter. In such circumstances,
the mere fact
that a judge or some of the judges participated in the review proceedings does not
necessarily
imply
the
absence
of impartiality
even
if this
may
give
rise
to
an
apprehension on the side of one of the parties.
118.
The Court notes from the records, that the Review Bench of the Supreme
Court
was constituted in accordance with the Constitution of the Respondent State which
stipulates that the Supreme
Court of Ghana
is composed
of a Chief Justice and
not
less than nine (9) other justices and when it sits as a Review Bench, it shall be fully
composed with not less than seven (7) judges.?2 In line with this, the Practice Direction
on the practice and procedure of empanelment in the Supreme Court in constitutional
cases empowers the Chief Justice to empanel all available justices of the Supreme
Court or at least seven (7) justices in constitutional matters, This was affirmed by the
Supreme Court in the case of Ghana Bar Association and Others v Attorney General
and Others.*3
119.
The Court observes that the implications of the above-mentioned provisions of the
Constitution
of Ghana,
together with the practice
and jurisprudence,
are that the
judges of the Supreme Court who considered the matter at the Ordinary Bench may
form part of the Review
judges
is observed.
composition
of
the
Bench
There
as long as the criteria for the minimum
is thus no irregularity or a breach
Review
Bench
is
concerned.
number of
of law as far as the
Furthermore,
an
objective
assessment of the nature of the composition, involving judges who Sat at the Ordinary
*1 Constitution of Kenya, 2010 article 47(3)(a) and Part Ill of the Fair Administrative Action Act No. 4 Of
2015; Rule 66 of the Tanzania Court of Appeal Rules, 2009; Malawi has (a) judicial review of administrative
action-Order 53 and of the Rules of the Supreme Court, 1965 or Order 54 of the Civil Procedure Rules,
1998 and (b) constitutional judicial review Section 108(2) of the Constitution as read with Sections 4, 5,
11(3), 12(1)(a) and 199 of the Constitution.
22 Article 128 (1) and Article 133 (2) of the Constitution of Ghana.
23 J1/26/2015) [2016] GHASC
(20 July 2016).