005063
72.The
Respondent
State submits that practice and precedent in international
human
rights law dictates that a period of six (6) months after exhaustion of local remedies is
considered to be a reasonable time for filling such applications and this was not the
case with the present Application.
73. The Respondent State argues that the assessment of reasonableness of time for filing
this Application should be based on the date of the delivery of the judgment of the
Review Bench of the Supreme Court, that is, 29 July 2014,
74.The
Respondent
State
avers
that the
period
of almost
three
(3) years
that the
Applicant took after the said judgment to file this Application is an unreasonable delay
as there were no impediments in this regard. It adds that the Applicant was neither
detained, in custody or under house arrest. According to the Respondent State, the
Applicant slept on his rights and his human
rights were not violated, rather he was
aggrieved by the change in Government which further changed his circumstances.
75.The
Respondent
State notes that between
2015
and 2016 the Applicant won
two
criminal cases, Criminal Case Suit No. FTRM/115/12 in the High Court of Republic of
Ghana, Accra and Criminal Case Suit No. H2/17/15 in the Court of Appeal of Republic
of Ghana.
76. The Respondent State avers that subsequently, the Applicant filed an action against
the Attorney General at the Court of Appeal challenging a Report of a Commission of
Inquiry into inordinate payments made from public funds in satisfaction of judgment
debts. The Commission
of Inquiry examined,
inter alia, the payments
made
to the
Applicant and companies associated with him however, these payments did not relate
to the substance of his claim before this Court. The Respondent State submits that it
is therefore untrue that the Applicant was unable to file an Application before this Court
from July 2014 to January 2017.