00$1{ E Matter of Altred Agbesi Woyome v. Republic of Ghana s61f4or? at,lo6taorq (Merits and Reparations) Application No. 00.il2017 (oosr 4&-ao'rq3)Y.( Judgment of 28 June 2019 Dissenting Opinion of Judge G6rard Niyungeko 1 I agree with the findings and decisions of the cou(. as reflected in the operatjve part of the judgment. except the finding regardrng the non-violatian of the nght to be heard by an impartial .iudge. as concerns the comments made by Jtrdge Dotse of the Respondent state's suprerne court. ln my opinion. this court should have found that there has been a violation in this respect. not only because of the perception of the Judge's partiality in the Gircumstances (lt), but atso because of lhe perceived pa*iality on the part of the Review Bench of the whole supreme court of which he was a member {lll). Before explaining rnyself on these tvro points. it is necessary to briefly recall the context in which the question of impartiality arose (l) l. Factual background 2. Judge Dotse who had sat at the ordinary Bench of the supreme court ifi the matter concerning the Applicant. had at the tirne attached to the judgment of that court a concurrrng opinion in which he had referred to the Applrcant as havlng formed an alliance with another party. waterville Holding Ltd to "create, loot and share lhe resources af lhe sountry as if a brigade had been set up for such an enterpfise,,, and further referred to the Applicant as being at the center of the "infamous woyome payment scandal" (paragraph 1 ?4 d the judgment). Subsequenfly. Judge Dotse sat in the same case. but this time in the Review Bench of the Supreme Court, along with other Judges. most of whorn, like him. had sat at the Ordinary Bench of the Supreme Court. He even drafted lhe lead judgment of the Court Review Bench. 3. The queslion which arisss in the circumstances is whether or not Judge Dotse's participation in the Suprerne Court Review Bench. after having made the aforesaid 1

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