The newly assigned Judge to the case in which former Chief Executive of Ghana Cocoa Board, (COCOBOD), Dr. Stephen Kwabena Opuni, is standing trial together with two others, has turned down prosecution’s request to adopt the previous proceedings of retired Justice Clemence Honyenuga.
In a ruling today, April 4, 2023, Justice Kwasi Anokye Gyimah, said it would be appropriate for him to adopt a proceeding that was “saddled” with numerous allegations in the case which was originally before retired Justice Clemence Jackson Honyenuga.
“It would be unfair for the court to ignore the allegations and adopt the previous proceedings as it is. In order for the court to have a first-hand information of the trial and the demeanor of witnesses, the court will start the trial ‘De Novo.”
Justice Kwasi Anokye Gyimah
Justice Gyimah stated that an accused person was by law required fairness and that presumption of innocence should not be overlooked by the court. To this end, he has ordered the parties to file their witnesses either before or on April 21, 2023.
In light of this, the case has been adjourned to April 25, 2023, for Case Management Conference and a possible date for the trial to start.
Mrs. Evelyn Keelson, a Chief State Attorney while praying the court to adopt the previous proceedings stated that, it will cause a huge injustice to the state if the case is started afresh. She expressed the need for the court to consider the delays, stage of the case and the fact that prosecution had closed its case and first accused, Dr. Opuni, had called seven witnesses.
Adoption of previous proceedings
Mrs. Keelson highlighted that the Case has traveled and gone to the Supreme Court and various rulings have been made so starting ‘de novo’ (afresh) will cause miscarriage of justice if not granted.
“It will rather cause Injustice to the Republic if the case is started fresh… Starting this case ‘de novo’ will benefit the accused from delaying the case.”
Evelyn Keelson
Mrs Keelson argued that “there will be no injustice at all in allowing the proceedings to continue.”
Lead lawyer for Dr Opuni, Lawyer Samuel Codjoe, however, opposed to the request for the adoption of the previous proceedings and emphasized that the rules of criminal trials are clear and have not changed. He revealed that the trial can only be started “de novo”.
Counsel argued that unlike in civil matters where two parties appear before the court where the practice allows the judge to determine on adoptions of proceedings, the practice is totally different in criminal cases.
On the other hand, Lawyer Benson Nutsukpi, counsel for Mr. Agongo and Agricult Ghana Limited (Second and third accused), while also opposing the prosecution’s plea, stated that what transpired in the previous proceedings did not reflect the true representation.
He argued also that the established “practice for now is to start the trial afresh” since the recommendations that the rules should be reviewed, and reforms carried by the Chief Justice have not been done yet.
It will be recalled that the former CEO of COCOBOD, Dr Opuni, is standing trial with Seidu Agongo, Chief Executive Officer (CEO) of Agricult Ghana Limited, an agrochemical company. State prosecutors have accused the two of causing financial loss of more than GHC271 million to the state in a series of lithovit foliar fertilizer transactions.
It is the case of the prosecution that the fertilizer was substandard and accused Agongo of allegedly using fraudulent means to sell the fertilizer to COCOBOD for onward distribution to cocoa farmers. The prosecution has further accused Dr Opuni of using his position as CEO of COCOBOD (November 2013 to January 2017) to facilitate the alleged acts of Agongo by allowing the lithovit liquid fertilizer not to be tested and certified as required by law.
Dr Opuni and Agongo have pleaded not guilty to the charges, and are on self-recognizance bail to the sum of GHC300,000 each.
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