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).

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