The Court of Appeal has overturned a decision by the Accra High Court to hear afresh the trial of former CEO of COCOBOD, Dr Stephen Kwabena Opuni and businessman, Seidu Agongo.
In a unanimous decision today, July 3, 2023, a three member panel of the court held that the trial High Court misdirected itself when it decided not to adopt the previous proceedings of the five year trial when a new judge took over the case. Also, the three-member panel of the Court of Appeal, presided over by Justice Philip Bright Mensah, with Justices Jennifer Dadzie and Dr Ernest Owusu-Dapaa, equally ordered the High Court to adopt the records of the previous trial and continue the trial from where it ended.
The court made the decision after it upheld an appeal filed by the Attorney-General (A-G), Godfred Yeboah Dame. The Attorney General criticized the High Court judge who ordered the trial of Stephen Opuni to start from scratch.
Addressing the media after the Court of Appeal overturned the High Court ruling, Mr Dame revealed that the decision by the High Court Judge was wrong and backward.
“I think that it is actually backward with all respect for a trial which has advanced to this stage for an order to be made that we should start de novo. It will amount to giving the evidence twice, it will amount to giving parties of the matter a second bite of the cherry, and I think that it is improper.”
Godfred Dame
Presiding judge on former COCOBOD CEO transferred
Meanwhile, the presiding judge on the trial of former COCOBOD CEO, Dr Steven Opuni, has been transferred in the high-profile political prosecution that has gained public attention.
Justice Kwasi Anokye Gyimah took over the case in March this year and ruled that the trial be restarted for being tainted with allegations of unfairness. He stated in his ruling that a fresh trial was an avenue for the court to substantially dispel suspicions and regain the trust of the defendants and also the public.
Nonetheless, in a letter sent to him by the Chief Justice, Justice Gertrude Araba Esaaba Torkornoo, days after being sworn in on June 12, Justice Gyimah was asked to vacate his position and move to Kumasi.
Consequently, he is to start work today, July 3 – the day the Appeals Court is set to decide on his landmark ruling for the trial to restart.
Justice Gyimah is to be replaced by Justice Aboagye Tandoh of the Winneba High Court. He will become the third judge on the case after the first judge, Justice Clemence Honyenuga, retired and handed over to the now-transferred Justice Gyimah.
It will be recalled that Dr Opuni was dragged to court in March 2018 with Agongo, the CEO of Agricult Ghana Limited, an agro-chemical 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 fertiliser transactions.
The case of the prosecution is that that the fertiliser was substandard and has accused Agongo of allegedly using fraudulent means to sell the fertiliser to COCOBOD for onward distribution to cocoa farmers.
After five years of trial, in March 2023, the judge, Justice Clemence Honyenuga, a Justice of the Supreme Court, with additional responsibility as a High Court judge, retired. Following this, the Chief Justice then appointed a new judge, Justice Kwasi Anokye Gyimah, as the new judge.
Following the new development, the prosecution filed an application urging the High Court to adopt the previous proceedings of the case before Justice Honyenuga, which had been ongoing for five years.
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