005054 110. The Applicant avers that both the Ordinary Bench and the Review Bench of the Supreme Court agreed that the High Court was the proper forum to hear the matter. The Review Bench further reasoned that there would be a real danger if, it allowed the High Court to hear the matter on the merits and the High Court reached a different position or conclusion from that of the Ordinary Bench.2° The Applicant further alleges that by truncating Supreme Court the proceedings assumed a in the jurisdiction High it did Court, not the have, Review thereby Bench of the violating his fundamental rights to a fair trial and hearing by an impartial court. 111. The Applicant contends that based on the concurring decision of the Review Bench, the Court cannot be said to have been impartial. 112. The Respondent State submitted that the Applicant only alluded to the bias on the part of Justice Dotse, noting that the judgment that the Applicant complained was about unanimously rendered by all eleven (11) judges, including the eight (8) judges who heard the matter at the Ordinary Bench of Supreme Court. The Respondent State also contends that the judgment of the Ordinary Bench of the Supreme Court was mostly in favour of the Applicant. 113. The Respondent State avers that the eight (8) judges who sat on both Benches of the Supreme Court ruled seemingly in the Applicant's favour at the Ordinary Bench which prevented the recovery of the money that the Applicant had unconstitutionally obtained from the State. In this circumstance, the Respondent State questions why the Applicant now makes an allegation of bias simply because the same judges had on the second occasion exercised their review powers to order the reimbursement of the monies paid to him. 20 The Review Bench of the Supreme Court in its judgment ...noted that...As the matters stands now, there is a real danger that a High Court which is the appropriate forum that this court referred to may itself give a contrary and conflicting decision quite apart from what this court has given...”.