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106.
Lastly, the Court observes that the Applicant does not contest that he participated
in the proceedings at both Ordinary and Review Benches of the Supreme Court and
was assisted by a team of lawyers. In both Benches, he challenged the claims of Mr
Amidu and at all stages of the proceedings,
he was given the opportunity to file his
submissions and seek redress.
107.
Inthese circumstances, the Court holds that the Applicant's right to be heard by a
competent tribunal, guaranteed under Article 7(1) of the Charter was not violated by
the Respondent State.
ii.
108.
The right to be tried by an impartial tribunal
The Applicant alleges that his right to be tried by an impartial court has
been
violated on two grounds namely:
a)
Whether
the
participation
of eight judges
at both
the
Ordinary
and
Review Benches casts doubt on the impartiality of the Supreme Court
and;
b)
Whether
the
remarks
made
by Justice
Dotse
cail
into question
the
impartiality of the Review Bench of the Supreme Court
a)
Whether the participation of eight judges at both the Ordinary and
Review
Benches casts doubt on the impartiality of the Supreme Court
109.
The Applicant alleges that the Review Bench of the Supreme Court was composed
of eleven
(11) judges,
eight (8) of whom
had
previously
heard
the matter at the
Ordinary Bench of the Supreme Court resulting in the violation of right to be tried by
an impartial tribunal.
Le