6.
The Respondent State, in the Response to the Application for interim
measures, argues that the question to be determined is whether it is entitled to
recover debts owed by the Applicant as provided for under the laws of Ghana.
It avers that the issue is not whether alleged irreparable breaches of human
rights can be legitimately raised following its efforts to recover the sums in
question and not whether this action would amount to a breach of Ghana's
obligation under the Charter, Articles 5(3) and 34(6) of the Protocol, the Rules
and Article 40 of the 1992 Constitution of the Republic of Ghana.
III.
PROCEDURE
7.
The Application dated 5 January, 2017 was received at the Registry on 16
January, 2017.
8.
The Application was served on the Respondent State by notices dated 28 April,
2017 and 8 June, 2017 notifying the Respondent State to file the list of
representatives and the Response to the Application within thirty (30) and sixty
(60) days of receipt, respectively. The second notice was necessitated by the
Respondent State's Attorney General's letter received on 31 May, 2017
informing the Registry of the Court that they had received only the notice
without the Application and attachments thereto.
9.
On 16 August, 2017 the Respondent State filed a request for extension of time
up to 31 August, 2017 to file its Response to the Application, stating that the
Applicant had filed international arbitration proceedings against the Respondent
State in another forum on the same subject matter. The Applicant maintained
that the International Chamber of Commerce declined to exercise jurisdiction in
relation to these arbitration proceedings.
10.
On 4 September, 2017 the Respondent State filed its Response to the
Application and this was transmitted to the Applicant by a notice dated 12
September, 2017 giving him thirty (30) days from date of receipt, within which
to file the Reply. The Applicant filed the Reply to the Response on 12 October,
3