Justice Clemence Honyenuga, the trial judge, who has been hearing the case of the former Cocoa Board Chief Executive, Dr. Stephen Kwabena Opuni and businessman; Seidu Agongo, has ordered the Registrar of the court to refer the case to the Chief Justice, for a new judge to be assigned with immediate effect.
The Supreme Court judge was granted a six month extension by the CJ, following his retirement on September 4; last year, to conclude the case. However, with a week to the expiration of that mandate from the CJ, the office of the Attorney General had asked that he referred the matter to the CJ, for a reassignment because he could not conclude the case.
Justice Honyenuga, a Justice of the Supreme Court sitting as an additional High court judge, deferred his decision to today, March 1, 2023.
Justice Honyenuga, rescheduled the court proceedings from last week, to today. He thus asked that the reasons from the Supreme Court, be waited upon and thereby adjourned the proceedings.
Yet still, in court on Wednesday, March 1, Justice Honyenuga, said “It is crystal clear, that it is impossible for me to conclude and determine this case, in the circumstance. I will uphold the submission of the Attorney General, under Section 105 of the Court Act 1993, Act 459, as amended.”
“Now, this is my ruling on the submissions by the Deputy Attorney General. I must state that, it is refreshing that Attorney General; who initiated the Criminal proceedings against the accused persons, has submitted through the Deputy Attorney General, that this case be referred to the Chief Justice, due to the limited time at my disposal.”
Justice Clemence Honyenuga
Justice Honyenuga, ordered that the pendency of this case, be reported to the Chief Justice for his directions. Accordingly, the Registrar of the court was to carry out the order, forthwith. He then adjourned the case to the 15th of March, 2023, due to the limited time accorded him as Chief Justice.
Attorney General’s Request And Defense Reactions
Deputy Attorney General, Alfred Tuah-Yeboah, on February 23, said considering the “extremely limited time” available for him to deal with the matter, he should refer the matter to the CJ, for it to be reconstituted.
“Pursuant to article 144(11) of the Constitution my lord, was granted a limited mandate to conclude the hearing of this matter. Today is February 23, 2023, the time left for that mandate to expire is extremely limited, in the sense that the first accused person has not closed his case, for the second and third persons to open theirs and call their witnesses.
“Considering the time left, it is practically impossible to conclude in the circumstance. We respectfully pray, that my lord refers this matter to the Chief Justice to be reconstituted.”
Alfred Tuah-Yeboah
He said his “submission is being made in the interest of Justice and fairness. This is our humble submission.”
Counsel for Dr. Opuni, Lawyer Samuel Codjoe said, “we have nothing to add to what the learned Deputy AG had said.” Nutifafa Nutsukpui, counsel for the second and third accused, for his part, said “Respectfully my lord, we believe that this is a very commendable recommendation or suggestion from the prosecution and my lord, we will also urge you to consider it favorably in the interest of Justice.”
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