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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
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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
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