The Supreme Court has ordered the criminal trial of the case involving the former COCOBOD CEO, Dr Stephen Opuni, to continue from where Justice Clemence Jackson Honyenuga left off.
The apex court, in a unanimous decision on Wednesday, June 19, 2024, dismissed the appeal filed by Dr. Opuni and upheld the Court of Appeal’s decision.
Justice Kwasi Anokye Gyimah, who took over the case after Justice Honyenuga’s retirement, had initially ruled for the trial to restart, arguing that the records were tainted by allegations of unfairness against the previous judge.
The Attorney-General disagreed with this decision and appealed to the Court of Appeal, which reversed the High Court’s ruling and directed that the case should continue from where Justice Honyenuga left off.
Stephen Opuni’s lawyers subsequently filed a counter-appeal at the Supreme Court, challenging the Court of Appeal’s decision. On Wednesday, June 19, the Supreme Court, led by Chief Justice Gertrude Torkonoo, dismissed Opuni’s appeal in a unanimous decision, thereby validating the Court of Appeal’s ruling.
As a result, the case will now proceed at the High Court, where the second accused, Seidu Agongo, has already begun his defence. In the upcoming proceedings, Agongo’s fifth witness is expected to return to the witness box for cross-examination.
Background
Dr Opuni and businessman Seidu Agongo were charged in March 2018 for allegedly causing a financial loss of over GH¢271 million to the state through a series of fertilizer deals during Opuni’s tenure at COCOBOD. Both accused have pleaded not guilty to all 24 charges.
The trial, which has been ongoing for five years, was initially presided over by Justice Clemence Honyenuga, who retired in March 2023.
Following his retirement, Chief Justice Gertrude Torkonoo appointed Justice Kwasi Anokye Gyimah to take over the case. The prosecution filed an application requesting the High Court to adopt the previous proceedings from Justice Honyenuga’s tenure. However, on April 4, 2023, Justice Gyimah ruled that the trial should start afresh, citing the numerous allegations surrounding the earlier proceedings.
The Attorney-General appealed this decision to the Court of Appeal, which ruled that the trial should continue from where it had left off. Dr. Opuni’s subsequent appeal to the Supreme Court has now been dismissed, allowing the case to proceed based on the prior proceedings.
By: Ekow Annan/newsalertgh.com
