The African Court on Human and Peoples’ Rights based in Arusha, Tanzania, has dismissed an application for review filed by businessman Alfred Agbesi Woyome, in the case in which he is fighting a decision of the Supreme Court of Ghana that ordered the sale of his property.
In July 2019, the Supreme Court of Ghana ordered the state to sell off Mr. Woyome’s assets to offset the remaining GH₵47.2 million judgement debt wrongly paid him by the state six years ago.
Prior to the judgment, the African Court on Human and Peoples’ Rights had stated that Mr. Woyome’s right was not violated, neither was he discriminated against by the Supreme Court.
On March 4, 2020, Mr. Woyome filed an application for a review of the court’s initial judgement.
Among his prayer to the African Human Rights Court was a request for provisional measures which was accompanied by supporting affidavit and new evidence.
But in the judgement of the court delivered on June 26, 2020, the seven-member panel of judges said, “in light of the foregoing, the court finds that the supporting document adduced does not constitute new evidence which was not within the knowledge of the applicant at the time the initial judgment was delivered, as contemplated by Article 28(3) of the Protocol and Rule 67(1) of the Rules.”
The court noted that the supporting document submitted by Mr. Woyome has no correlation with the court’s initial judgement, which is the subject of the review.
“In other words, it is not related to his claims that the truncation of proceedings and assumption of jurisdiction by the respondent’s State’s Supreme Court and the conduct of the review bench of the Supreme Court resulted in violations of his rights under Articles 2 and 3 of the Charter.”
As regards the request for provisional measures, the court held that having found the application for review inadmissible, the request for those measures becomes moot.
The court further held that, in accordance with Article 27(2) of the Protocol and Rule 51(1) of the Rules, it is empowered to order provisional measures in cases of extreme gravity when necessary to avoid irreparable harm to persons and which it deems necessary to adopt in the interest of the parties or of justice.